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CALIFORNIA 

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Digitized  by  the  Internet  Arcinive 

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http://www.archive.org/details/fooddrugsactjuneOOgree 


THE 


JUNE  30,  1906 


A  STUDY 

friTH 

TEXT  OF  THE  ACT,  ANNOTATED,  THE  RULES  AND 

REGULATIONS  FOR  THE  ENFORCEMENT 

OF  THE  ACT,  FOOD  INSPECTION 

DECISIONS  AND  OFFICIAL 

FOOD  STANDARDS 


Br 


ARTHUR  P.  GREELEY 

OF  THE  Patent  Law  Association  of  Washington;  Member  of  the  Bar 

OF  THE  Supreme  Court;  Member  of  Commission  to  Revise 

THE  Patent  and  Trademark  Laws;  Formerly 

Assistant  COMM'SSiONFyj ,     j     jo^   ^j   '   '      ,'' 
o-F  Patents       i    ',r>    '    f,o>''    ^  i"  '    •"    ' 


WASHINGTON,  D.  C. 

JOHN  BYRNE  ^  COMPANY 

Laiv  Book  Publishers 
1907 


Copyrirjit  1907,  by 
Arthur  P.  Greeley 


^  13S2(>2 

ri 


I 


PREFACE. 

TIic  sentiment  back  of  the  Food  and  Drugs  Act  is  zvell 
understood.  Every  one  zvill  agree  that,  so  far  as  it  can  he 
done  by  legislation,  the  lazes  should  protect  the  public  from 
being  deceived  in  the  foods  zvJiich  nourish  them  or  in  the 
medicines  zvhich  are  relied  on  to  cure  their  ills.  But  to 
formulate  a  lazu  zvhich  zvill  eifectively  protect  the  public 
zvithout  depriving  it  of  freedom  to  eat  zvJiat  it  may  choose 
to  eat  and  to  take  such  remedies  as  it  may  zvish  to  take, 
and  zvithout  serious  disturbance  of  business  conditions,  and 
especially  to  formulate  a  Federal  lazv  zvhich  zvill  do  this  zvith- 
out transcending  the  pozvers  conferred  on  the  Congress  by 
the  Constitution,  is  a  matter  of  great  difhcidty.  It  is  not 
surprising  that  the  Food  and  Drugs  Act  is  in  some  respects 
diMcidt  to  understand.  Some  of  the  questions  as  to  its 
meaning  have  been  anszvered  by  expressions  of  opinion  from 
the  Department  of  Agriculture.  Other  questions  have  not 
been  anszvered  and  cannot  be  anszvered  definitely  until  the 
meaning  of  the  Act  has  been  determined  by  the  courts.  In 
the  matter  here  contained  I  have  presented  such  information^ 
hearing  upon  the  Act  as  can  be  gathered  from  the  decisions 
given  out  by  the  Department  of  Agriculture,  the  published 
expressions  of  opinion  of  officials  charged  zvith  the  enforce- 
ment of  the  Act,  and  the  viezvs  expressed  by  those  zvfio  Jiave 
studied  tlie  Act  zvith  especial  care  in  the  interest  of  the 
manufacturers  of  and  dealers  in  particular  lines  of  food  and 
drug  products. 

Whatever  sentiments  may  he  entertained  as  to  zvhat  ought 
to  be  the  lazv  and  zvliat  ought  to  be  done  by  lazv  zvith  refer- 
ence to  tlie  question  of  pure  foods  and  pure  drugs,  tfie  ques- 
tion as  to  zvfiich  my  clients  liave  zvanted  information  is  the 


iv  Preface. 

question  of  what  the  lazu  is  and  zdiat  it  requires  of  the  manu- 
facturer, packer,  jobber,  and  retailer  of  foods,  drugs,  medi- 
cines or  liquors.  Information  rather  than  theory  is  zuJiat 
those  who  are  subject  to  the  requirements  of  the  Act  zvant, 
and  so  far  as  information  on  the  many  questions  arising 
under  the  Act  is  available,  I  have  collated  it  and  here  pre- 
sent it. 

ARTHUR  P.  GREELEY. 

Washington,  D.  C,  April  15,  1907. 


TABLE  OF  CONTENTS. 

CHAPTER  I. 
THE  GENERAL  PURPOSES  AND  SCOPE  OF  THE  ACT. 

1.  The  Purpose  of  the  Act   I 

2.  Scope  of  the  Act — Manufacture    2 

3.  Scope  of  the  Act — Commerce    Witliin  a  State 3 

4.  Scope  of  the  Act — Original  Package    4 

5.  Scope  of  the  Act — Inspection  of  Materials  5 

6.  Scope  of  the  Act — District  of  Columbia  and  Territories. .  6 

7.  Scope  of  the  Act — Inspection    of   Material   in    District    of 

Columbia  and  Territories   7 

8.  Scope  of  the  Act — Stock  on  Hand  January  i,  1907 8 

9.  Scope  of  the  Act — Correction   of  Labels  on  Hand 8 

ID.     Scope  of  the  Act — Exports    9 

11.  Scope  of  the  Act — Meats  and  Meat  Food  Products 9 

12.  Scope  of  the  Act — Imported  Food  and  Drug  Products. .. .  9 

13.  Scope  of  the  Act — Teas  10 

14.  Scope  of  the  Act — Imported   Foods   and   Drugs — Regula- 

tions      II 

15.  Scope  of  the  Act — Seizure  in  transit   11 

16.  Effect  of  the  Act 12 

CHAPTER  H. 

PROCEDURE   UNDER  THE  ACT. 

17.  Collection  of  Samples    13 

18.  Collection  of  Samples — Suggestions    15 

19.  Analysis  or  Examination  15 

20.  Hearing  Before  the  Secretary  of  Agriculture 16 

21.  Proceedings  in  the  Courts  17 

22.  Publication    17 

CHAPTER  HI. 

ARTICLES  TO  WHICH  THE  ACT  APPLIES. 

23.  Articles  to  Which  the  y\cT  Applies — Drugs    19 

24.  Articles  to  Which  the  Act  Applies — Foods    20 

CHAPTER  IV. 

ADULTERATION. 

25.  Adulteration    21 

26.  Adulteration — Drugs — Drug  Standards   21 

27.  Adulteration — Foods — Food  Standards    23 

28.  Adulteration — Foods — Admixture  of  Inferior  Ingredients. .  24 

29.  Adulteration — Foods — Abstraction  of  Valuable  Constituent  26 


vi  Table  of  Contents. 

30.  Adulteration — Foods— Concealment     of    Damage     or    In- 

feriority   27 

31.  Adulteration — Foods — Colors  and  Preservatives 28 

22.  Adulteration — Foods — Prohibited   Colors   and   Preservatives  31 

23.  Adulteration — Foods — Effect  of  Rulings   32 

34.  Adulteration — Foods — Character  of  Raw  Material 32 

35.  Adulteration — Confectionery    33 

CHAPTER  V. 
MISBRANDING 

36.  Misbranding 36 

37.  Misbranding — False  Trade  Description   37 

38.  Misbranding — Prior  U.   S.   Statutes 39 

39.  Misbranding — False    or   Misleading    Statement,    Design    or 

Device    40 

40.  Misbranding — Trademark    42 

41.  Misbranding — Name  of  Manufacturer — Fictitious  Names...  42 

42.  Misbranding — False  Indication  of  Origin  43 

43.  Misbranding — General  Requirements  as   to    Label — Articles 

Without  a  Label  46 

44.  Misbranding — Form   of  Label   47 

45.  Misbranding — Drugs   47 

46.  Misbranding — Drugs — Refilling    48 

47.  Misbranding — Drugs— Substances  Required  to  be  Named...  49 

48.  Misbranding — Statement  of  Quantity  of  Proportion 50 

49.  Misbranding — Drugs — Alcohol — Wood   Alcohol    51 

50.  Misbranding — Drugs — Form    of    Statement    of    Substances 

Required  to  be  Named  51 

51.  Misbranding — Drugs — Supplemental       Label,       Stamp       or 

Paster   53 

52.  Misbranding — Drugs — Formula    53 

53.  Misbranding — Foods — Imitations    53 

54.  Misbranding — Foods — Distinctive  Name  54 

55.  Misbranding — Foods — Waste  Material   55 

56.  Misbranding — Foods — Deceptive     Labeling     or    Branding — 

Refilling   55 

57.  Misbranding — Foods — Substances  Required  to   be  Named.  .  56 

58.  Misbranding — Foods — Weights  and   Measures    56 

59.  Misbranding — Foods — Mixtures  or  Compounds  Under  Dis- 

tinctive Names   57 

60.  Misbranding — Foods—Permissible   Imitations    58 

61.  Misbranding — Foods — Compounds — Mixtures  59 

62.  Misbranding — Foods — Blends    59 

63.  Misbranding — Proprietary  Foods — Formula   61 

CHAPTER    VI. 
THE  GUARANTY. 

64.  Efe EOT  OF  Guaranty   63 

65.  Form  of  Guaranty  63 

66.  Guaranty  Applies  to  Unbroken  Packages  Only 65 

67.  GirARANTY   not  A    GOVERNMENT   GUARANTY    65 

68.  Guaranty — No  Provision  as  to  Imported  Foods  and  Drugs. .  66 


Table  of  Contents.  vii 

CHAPTER  VII. 
MISCELLANEOUS  NOTES. 

69.  Enforcement  of  the  Act 67 

70.  Stock  on  Hand   67 

71.  Notes  as  to  Particular  Products 68 

y2.    Labeling  Packages  69 

73.  Canned  Goods — Labels  70 

74.  State  Laws   70 


APPENDIX. 

Text  of  Food  and  Drugs  Act,  June  30,  1906,  Annotated y:^ 

Rules  and  Regulations  for  the  Enforcement  of  the  Food 

AND  Drugs  Act   83 

Food  Inspection  Decisions,  40  to  65 105 

Standards  of  Purity  for  Food  Products  141 

/,    Animal    Products    143 

A.  Meats  and  the  Principal  Meat  Products  143 

a.  Meats    143 

b.  Manufactured  Meats   143 

d.     Lard    143 

B.  Milk  and  Its   Products    143 

a.  Milk     143 

b.  Cream    144 

c.  Milk  or  Butter  Fat  144 

d.  Butter    144 

e.  Cheese  144 

f.  Ice  Cream  145 

g.  Miscellaneous  Milk  Products 145 

//.     Vegetable   Products    14S 

A.  Grain  Products  14S 

a.     Grains  and  Meals  145 

B.  Fruit  and  Vegetables   146 

a.  Fruit  and  Fruit  Products  146 

b.  Vegetable  and  Vegetable   Products 147 

C.  Sugars   and   Relative   Substances    147 

a.  Sugar  and  Sugar  Products 147 

b.  Glucose   Products    148 

c.  Candy    148 

d.  Honey  149 

D.  Condiments   (except  Vinegar  and  Salt) 149 

a.  Spices    149 

b.  Flavoring   Extracts    151 

c.  Edible  Vegetable  Oils  and  Fats 153 

E.  Tea,  Coffee,  and  Cocoa  Products 155 

a.  Tea    I5S 

b.  Coffee    155 

c.  Cocoa  and  Cocoa  Products 155 

F.  Beverages    156 

a.     Fruit  Juices,  fresh,  sweet  and  fermented 156 

G.  Vinegar   157 

///.     Salt    158 

Index    i6i 


The    Food  and  Drugs  Act 
June  30,  1906. 


CHAPTER  I. 

THE  GENERAL  PURPOSE  AND  SCOPE 
OF  THE  ACT. 

I.  The  Purpose  of  the  Act  . 

The  purpose  of  the  Act  is  indicated  in  the  title/  to  prevent 
so  far  as  within  the  constitutional  power  of  the  Federal 
Government  to  do  so,  the  manufacture,  sale  or  transporta- 
tion of  food  or  drugs  which  are  either  so  adulterated  as  to 
be  below  the  standard  of  quality  expected  by  the  purchaser, 
or  are  so  poisonous  or  deleterious  in  themselves  or  by  reason 
of  the  addition  to  them  of  poisonous  or  deleterious  coloring 
or  preservatives  as  to  be  injurious  to  health,  or  which  are 
misbranded  or  labeled  in  such  a  way  as  to  deceive  the  public 
as  to  their  character,  quality,  locality  of  origin,  or  manu- 
facture. 

The  Act  has  been  quite  generally  regarded  as  an  Act 
passed  in  response  to  the  demand  of  the  public  for  protec- 
tion from  the  deception  practiced  upon  consumers  by  manu- 
facturers of  and  dealers  in  foods  and  drugs.  There  is  some 
ground  for  this  view ;  and  perhaps  it  was  necessary,  in  order 
to  secure  the  passage  of  the  Act,  that  this  idea  should  have 
been  made  more  prominent  than  the  facts  really  warranted 
and  that  the  comparatively  isolated  instances  of  seriously 
harmful  adulteration  or  misbranding  so  dwelt  upon  that 

'Page  73. 


2  Purpose  and   Scope  of  the  Act. 

adulteration  should  be  made  to  appear  a  general  practice. 
As  a  matter  of  fact  legislation  along  the  lines  of  this  Act 
and  directed  to  the  same  purpose  has  long  been  desired  by 
the  large  majority  of  manufacturers  of  and  dealers  in  foods 
and  drugs  as  a  measure  of  protection  against  the  unfair 
competition  of  a  small  minority  who  for  the  sake  of  tem- 
porary gain  have  been  willing  to  put  upon  the  market  foods 
and  drugs  which  could  be  sold  at  a  larger  profit  than  the 
standard  goods  made  and  sold  by  the  majority. 

Up  to  the  present  time  no  prosecutions  have  been  brought 
under  the  Act,  but  the  knowledge  that  the  Act  is  upon  the 
Statute  Books,  and  that  the  necessary  machinery  for  its  en- 
forcement is  already  provided  for,  and  that  it  will  be  en- 
forced, deliberately  perhaps,  and  with  all  proper  considera- 
tion for  business  interests,  but  without  hesitation  or  doubt 
wherever  necessary,  has  already  very  largely  checked  the 
serious  adulterations  and  misbrandings  of  both  foods  and 
drugs. ' 

2.  Scope  OF  THE  Act — Manufacture. 

The  first  section  of  the  Act^  makes  it  unlawful  to  manu- 
facture any  article  of  food  or  drug  which  is  adulterated  or 
misbranded,  within  the  meaning  of  the  Act,  within  the  Dis- 
trict of  Columbia  or  any  Territory,  the  term  Territory  in- 
cluding, as  provided  in  Section  12^  the  insular  possession 
of  the  United  States,  and  the  Section  provides  for  the 
punishment  of  any  one  violating  this  provision  of  the  Act. 

Being  expressly  limited  to  the  District  of  Columbia  and 
the  Territories  this  section  of  the  Act  does  not  apply  to 
the  manufacture  of  any  article  of  food  or  drug  in  any  State, 
whether  adulterated  or  misbranded  or  not.  This  limita- 
tion is  in  recognition  of  the  fact  that  Congress  is  not  given 
by  the  Constitution  the  power  to  regulate  manufacturing 
carried  on  within  a  State,  and  in  so  far  as  the  manufacture 
of  any  article,  such  for  instance  as  distilled  and  fermented 
liquors,  oleomargarine,  renovated  butter  and  filled  cheese, 

*Page  73.  'Page  82. 


Commerce  Within  a   State.  3 

is  regulated  by  Congress,  such  regulation  is  incidental  to 
the  raising  of  revenue,  or  to  the  exercise  of  some  other 
power  of  Congress.  But  under  the  Constitution  Congress 
may  exercise  exclusive  legislation  in  all  cases  over  the 
District  of  Columbia,  and  also  has  full  power  as  regards 
the  Territories. 

This  section  of  the  Act  became  effective  January  i,  1907. 

3.  Scope  of  the  Act — Commerce  Within  a  State  . 

Section  2*  is  so  drawn  as  to  limit  the  application  of  the 
Act,  so  far  as  concerns  the  dealing  in  adulterated  or  mis- 
branded  foods  or  drugs  within  any  State,  to  the  strict  line 
of  interstate  or  foreign  commerce.  It  is  the  introduction 
into  any  State  from  any  other  part  of  the  United  States  or 
from  any  foreign  country,  of  adulterated  or  misbranded 
food  or  drugs,  which  is  prohibited.  The  offenses  punish- 
able under  the  provisions  of  this  Section  are:  the  ship- 
ment or  delivery  for  shipment  to  any  point  outside  the  State, 
either  within  the  United  States  or  in  a  foreign  country,  of 
adulterated  or  misbranded  food  or  drugs ;  and  the  receiving 
from  outside  the  limits  of  the  State  and  delivering  to  any 
other  person  in  original  unbroken  packages  of  any  adulter- 
ated or  misbranded  food  or  drugs  so  received.  It  seems 
clear  that  the  delivery  to  another  person  by  a  dealer  in  any 
State  of  adulterated  or  misbranded  foods  or  drugs,  whether 
in  original  unbroken  packages  or  not,  which  were  received 
by  him  from  a  wholesaler  or  manufacturer's  agent  in  the 
same  State  would  not  render  the  dealer  liable.  The  whole- 
saler or  manufacturer's  agent  would  be  liable  in  such  case 
for  his  delivery  of  the  goods  to  the  dealer,  provided  he 
received  the  goods  from  outside  the  State.  If,  however,  the 
dealer  receives  the  goods  directly  from  outside  the  State 
and  delivers  such  goods  in  original  unbroken  packages  to 
any  other  person,  he  would  be  liable  to  the  penalties  pro- 
vided in  this  Section. 

'Page    73. 


4  Purpose  and  Scope  of  the  Act. 

4.  Scope  of  the  Act — Original  Package. 

So  far  as  concerns  the  appHcation  of  the  Act  to  dealers 
in  any  State  it  is  clear  that  it  is  essential,  in  order  to  con- 
stitute an  offense  under  the  Act,  that  the  adulterated  or 
misbranded  food  or  drug  must  have  been  delivered  to  an- 
other person  in  the  original  unbroken  package  in  which  it 
was  received  from  outside  the  limits  of  the  State.  The 
question  of  what  constitutes  an  original  unbroken  package^ 
is  an  important  one.  Under  Regulation  2,^  original  un- 
broken package  is  so  defined  as  to  include  both  the  wholesale 
and  the  retail  package.  Apparently  this  is  intended  to  in- 
clude, for  instance,  in  canned  goods,  each  individual  can  as 
well  as  also  the  case  or  box  containing,  ordinarily,  two 
dozen  cans. 

There  is  no  doubt  that  a  single  can,  bottle  or  other  pack- 
age shipped  separately,  whether  the  package  is  suitable  for 
the  retail  trade  or  not,  constitutes  an  original  package. 

Schallenberger  vs.  Pennsylvania,  171  U.  S.,  i. 

In  re  Beine,  42  Fed.  Rep.,  545. 

In  re  Harmon,  43  Fed.  Rep.,  372. 

Guckenheimer  vs.  Sellers,  81  Fed.  Rep.,  997. 

There  is  no  doubt  also  that  an  original  package  within  the 
law  of  interstate  commerce  is  the  package  delivered  to  the 
carrier  at  the  initial  point  of  shipment,  in  the  exact  condi- 
tion in  which  it  was  shipped. 

In  the  case  of  liquors  in  bottles,  if  a  number  are  fastened 
together,  and  marked  or  are  packed  in  a  box,  barrel,  crate 
or  other  receptacle,  such  bundle,  box,  barrel,  crate  or  re- 
ceptacle constitutes  the  original  package. 

Guckenheimer  vs.  Sellers,  81  Fed.  Rep.,  997. 

If,  as  indicated  in  Regulation  2^,  each  unopened  can  or 
bottle  taken  from  a  case  or  box  introduced  into  a  State  as  a 
single  package,  is  to  be  considered  an  original  package,  its 
sale  or  delivery  to  another  person  must  be  subject  to  the 

'Page  83. 


Original  Package.  5 

control  of  Congress  to  the  exclusion  of  the  State  in  which 
the  sale  or  delivery  takes  place  and  such  sale  or  delivery 
of  unopened  cans  or  bottles  so  introduced  into  a  State  and 
being  adulterated  or  misbranded,  could  not  be  made  the 
basis  of  prosecution  under  the  food  or  drug  laws  of  the 
State.  A  package  cannot  be  an  original  package  for  one 
purpose  and  not  for  another.  If  a  bottle  of  whiskey  intro- 
duced into  a  State  as  one  of  a  number  contained  in  a  case 
or  box,  or  a  package  of  oleomargarine,  renovated  butter  or 
filled  cheese  so  introduced  into  a  State,  is  an  original  pack- 
age for  the  purpose  of  the  Foods  and  Drugs  Act,  it  is  also 
an  original  package  which  as  such  may  be  sold  within  a 
State  without  regard  to  the  requirements  or  prohibition 
of  the  laws  of  the  State,  except  so  far  as  Congress  by  Act 
of  August  8,  1890,  applying  to  liquor,  and  by  Act  of  May  9, 
1902,  applying  to  oleomargarine,  butterine,  imitation,  pro- 
cess, renovated,  or  adulterated  butter,  or  imitation  cheese, 
etc.,  has  provided  that  original  packages  shall  not  be  ex- 
empt from  the  operation  and  effect  of  State  laws. 

It  seems  quite  impossible  to  harmonize  the  evident  mean- 
ing of  Regulation  2  as  to  what  constitutes  an  original  pack- 
age with  the  definition  of  original  package  as  fixed  by  the 
decisions  of  the  courts,  and  it  would  seem  to  be  a  necessary 
conclusion  that  the  scope  of  this  Act  extends  only  to  the 
sale  or  delivery  within  a  State  of  adulterated  or  misbranded 
food  or  drugs  in  the  unbroken  original  cases  or  boxes  in 
which  they  passed  from  outside  the  State  into  it.  The 
provisions  of  the  Act  do  not  apply  to  foods  or  drugs  whether 
in  original  packages  or  not  which  are  manufactured  within 
a  State  and  sold  or  delivered  to  another  person  within  that 
State. 
5.  Scope  of  the  Act — Inspection  of  Materials. 

Regulation  16",  which  provides  that  the  Secretary  of 
Agriculture  may  make  inspections,  as  often  as  he  may  deem 
necessary,  to  determine  whether  any  filthy,  decomposed  or 

'Page  90. 


6  Purpose  and  Scope  of  the  Act. 

putrid  substance  is  used  in  the  manufacture  of  food  or  drug- 
products,  and  Regulation  8/  which  requires  that  the  facto- 
ries in  which  proprietary  foods  are  make  shall  be  open  at  all 
reasonable  times  to  the  inspection  provided  for  in  Regula- 
tion 16/  do  not  seem  to  have  any  basis  in  the  Act.  The 
Act  does  not  provide  for  any  such  inspection  and  does  not 
provide  any  penalty  for  refusal  of  permission  to  inspect. 
It  is  doubtful  whether  a  provision  contemplating  such  in- 
spection of  any  factory  located  in  a  State  would  be  consti- 
tutional unless  expressly  limited,  as  in  the  Meat  Inspection 
Law  of  June  30,  1906,  to  the  inspection  of  materials  used 
in  the  manufacture  of  products  to  be  used  in  interstate  or 
foreign  commerce,  or  as  in  the  Act  of  May  9,  1902,  in  refer- 
ence to  renovated  butter,  where  the  article  manufactured  is 
the  subject  of  a  revenue  tax.  From  the  fact  that  inspection 
is  expressly  authorized  in  the  Acts  referred  to,  while  in  the 
present  Act  there  is  no  provision  for  inspection,  it  would 
seem  clear  that  no  such  inspection  as  provided  for  in  Regula- 
tions 16°  and  8^  was  intended  to  be  authorized. 

From  the  fact,  as  hereafter  pointed  out,  that  there  is  noth- 
ing in  the  Act  which  authorizes  any  proceedings  to  be 
brought  for  any  alleged  violation  of  its  provisions  except 
upon  the  result  of  an  analysis  or  examination  of  a  sample 
or  specimen,  it  would  seem  clear  that  no  adulteration  which 
is  not  disclosed  by  analysis  or  examination  of  the  finished 
food  or  drug  product  can  be  reached  or  punished  under 
the  Act,  and  that  no  food  or  drug  product  can  be  deemed 
to  be  misbranded  if  its  label  correctly  states  its  character 
or  quality  as  determined  by  such  analysis  or  examination, 
whatever  means  may  have  been  employed  to  produce  the 
finished  product. 

6.  Scope  of  the  Act — District  of  Columbia  and  Ter- 
ritories. 
The  provisions  of  the  Act  undoubtedly  extend  to  adul- 
terated or  misbranded  foods  or  drugs  sold  or  offered  for 

"Page  86.  'Page   90. 


Purpose  and  Scope  of  the  Act.  7 

sale  in  the  District  of  Columbia  or  the  Territories  and  to 
the  exporting  or  offering  for  export  therefrom  of  adulter- 
ated or  misbranded  foods  or  drugs  as  well  as,  under  Section 
I.  to  the  manufacture  in  the  District  of  Columbia  or  the 
Territories,  of  adulterated  or  misbranded  foods  or  drugs, 
irrespective  of  the  question  whether  or  not  such  adulterated 
or  misbranded  foods  or  drugs  are  offered  for  sale  or  for 
export  in  original  packages.  There  is  no  constitutional  limi- 
tation upon  the  control  by  Congress  of  commerce  in  the 
District  of  Columbia  or  the  Territories.  The  retail  grocer 
or  other  dealer  in  foods  in  the  District  of  Columbia,  or  in 
any  Territory,  who  sells  or  offers  for  sale  or  for  export 
food  products  which  are  adulterated  or  misbranded,  or 
which  are  offered  for  sale  under  the  name  of  another  article, 
whether  actually  labeled  or  not,  is  liable  under  the  provisions 
of  the  Act  equally  with  a  wholesale  dealer  in  such  adulter- 
ated or  misbranded  foods,  whether  such  foods  or  drugs  are 
sold  in  packages  or  in  bulk;  and  a  retail  druggist  or  other 
dispenser  of  drugs  in  the  District  of  Columbia  or  in  any 
Territory'  who  sells  or  offers  for  sale  or  for  export  drugs 
which  are  adulterated  or  misbranded  is  liable  under  the 
provisions  of  the  Act,  whether  he  sells  them  or  offers  them 
for  sale  in  original  packages  or  in  packages  put  up  by 
himself,  including  physicians'  prescriptions. 

7.  Scope  of  the  Act — Inspection  of  Material  in  Dis- 
trict OF  Columbia  and  Territories. 

Regulations  16*  and  8®  regarding  inspection  of  raw  mate- 
rials and  inspection  of  factories  in  which  proprietary  foods 
are  made,  are  as  above  pointed  out,  page  6,  without  basis 
in  the  Act.  No  doubt  such  inspection  in  the  District  of 
Columbia  and  Territories  could  be  provided  for  by  Act  of 
Congress  if  deemed  of  sufficient  importance,  but  as  the  Act 
now  stands  no  such  inspection  and  no  supervision  or  control 
of  the  process  or  method  of  manufacture  of  any  article  of 
food  or  drug  is  provided  for.     It  is  the  finished  product  as 

•Page  90.  'Page  86. 


8  Purpose  and  Scope  of  the  Act. 

put  upon  the  market  which,  and  which  alone,  is  required  to 
be  free  from  adulteration  and  not  to  be  misbranded. 

8.  Scope  of  the  Act — Stock  on  Hand  January  i,  1907. 
The  Act  took  effect  January  i,  1907.     So  far  as  it  affects 

dealers  in  foods  or  drugs  in  any  State,  its  provisions  apply 
only  to  adulterated  or  misbranded  foods  or  drugs  introduced 
into  the  State  on  or  after  January  i,  1907.  To  constitute 
an  offense  under  Section  2  of  the  Act,  the  adulterated  or 
misbranded  foods  or  drugs  must  not  only  have  been  deliv- 
ered to  another  person  in  original  unbroken  packages  on  or 
after  January  i,  1907,  but  must  have  been  received  by  the 
dealer  from  another  State  on  or  after  January  i,  1907/'' 

9.  Scope  of  the  Act — Correction  of  Labels  on  Hand. 
Regulation  17  in  paragraph  (i)  ^^  provides  for  the  correc- 
tion of  labels  by  a  supplemental  label,  stamp,  or  paster  in 
case  of  labels  printed  and  on  hand  which  do  not  comply  with 
the  requirements  of  the  Act.  The  supplemental  label,  stamp 
or  paster  is  not  necessary  on  any  articles  of  food  or  drugs 
which  were  within  the  limits  of  any  State  prior  to  January 
I,  1907,  and  have  since  that  date  remained  in  the  State. 
If  sent  out  of  the  State,  they  should  be  provided  with  sup- 
plemental labels,  stamps  or  pasters  if  the  labels  on  them 
need  to  be  corrected.  Articles  of  food  or  drugs  offered  for 
sale  in  the  District  of  Columbia  or  the  Territories  whether 
received  in  the  District  or  the  Territory  after  January  i, 
1907,  or  prior  to  that  date,  should  be  provided  with  such 
supplemental  labels,  stamps,  or  pasters  as  may  be  necessary 
to  correct  the  original  label.  Articles  of  foods  or  drugs 
received  in  any  State  on  or  after  January  i,  1907,  and 
offered  for  sale  in  original  unbroken  packages  should  be 
provided  with  supplemental  labels,  stamps,  or  pasters  if 
necessary  to  correct  the  original  label  in  any  respect. 

The  correction  of  original  labels  by  means  of  supple- 
mental labels,  stamps  or  pasters  is  permitted  until  October 

"F.  I.  D.  43,  Page  107.        "Page   91. 


Exports.  9 

I,  1907,  only.     After  that  date    the    principal    label    will 
be  required  to  be  correct.^" 

10.  Scope  of  the  Act — Exports. 

The  Act  is  intended  to  apply  to  adulterated  or  misbranded 
foods  or  drugs  exported  or  offered  for  export  to  any  foreign 
country  from  anywhere  within  the  United  States. ^^  The 
Act  permits  the  exporting  of  foods  or  drugs  which  would 
be  held  adulterated  or  misbranded  if  for  domestic  use, 
provided  such  exported  foods  or  drugs  are  not  in  conflict 
with  the  laws  of  the  foreign  country  to  which  they  are 
intended  to  be  shipped  and  provided  also  that  the  foreign 
purchaser  not  only  knows  what  the  foods  or  drugs  contain 
but  specifically  directs  their  preparation  or  packing.  The 
particular  purpose  of  the  exception  appears  to  be  to  per- 
mit the  use  in  certain  food  products  for  export  to  foreign 
countries,  of  preservatives  which  are  considered  deleterious 
under  the  strict  rulings  of  the  Department  of  Agriculture. 

II.  Scope  of  the  Act — Meats  and  Meat  Products. 

Regulation  39^*  provides  that  the  regulations  shall  not 
apply  to  domestic  meat  and  meat  food  products.  Meats  and 
meat  food  products  imported  from  a  foreign  country,  not 
being  provided  for  under  the  Meat  Inspection  Law,  are 
held  to  be  subject  to  the  provisions  of  this  Act. 

12.  Scope    of    the    Act — Imported    Food    and    Drug 
Products. 

Section  11^^  of  the  Act  provides  for  the  examination  of 
samples  of  foods  and  drugs  which  are  being  imported  into 
the  United  States.  This  Section  does  not  expressly  author- 
ize the  Secretary  of  the  Treasury  to  open  packages  for  the 
purpose  of  taking  samples,  but  this  is  authorized  in  the 
Act  of  March  2,  1901,  the  provisions  of  which  are  repeated 
in  subsequent  agricultural  appropriation  Acts,  to  which  the 

"F.  I.  D.  43,  Page  107.  "Sec.  2,  Page  jz-  "Page  102.  "Page   81. 


lo  Purpose  and  Scope  of  the  Act. 

present  Act  is  supplemental  as  regards  the  matter  of  im- 
ported foods  and  drugs.  Under  Section  ii^^  of  the  present 
Act  provision  is  made  for  delivery  of  imported  foods  and 
drugs  pending  examination  upon  the  execution  of  a  penal 
bond.  It  should  be  noted  that  the  Secretary  of  the  Treas- 
ury is,  under  this  Section,  bound  by  the  result  of  the 
examination  of  the  samples  delivered  to  the  Secretary  of 
Agriculture  and  shall  refuse  delivery  if  it  appears  from  the 
samples  that  the  foods  or  drugs  are  adulterated  or  mis- 
branded  or  are  otherwise  of  a  character  prohibited  by  this 
Section,  and  no  provision  is  made  for  any  appeal,  though 
no  doubt  the  action  of  the  Secretary  of  the  Treasury  re- 
fusing delivery  would  be  subject  to  the  supervision  of  the 
courts. 

This  section  of  the  Act  applies  to  imported  meats  and 
meat  food  products  as  well  as  to  other  food  products  and 
to  drugs. 

Under  Sections  2933  to  2938,  Revised  Statutes,  relating 
to  imported  drugs  and  medicines  provision  is  made  for 
the  forfeiture  of  all  medicinal  preparations  which  do  not 
bear  the  true  name  of  the  manufacturer  and  the  place  where 
they  are  prepared,  and  for  the  refusal  of  entry  to  all  drugs 
and  medicines  which  are  so  far  adulterated  as  to  render 
them  inferior  in  strength  and  purity  to  the  standard  estab- 
lished by  the  United  States  and  certain  foreign  pharmaco- 
poeias. It  is  understood  that  these  Sections  of  the  Revised 
Statutes  are  considered  to  be  still  in  force. 

13.  Scope  of  the  Act — Teas. 

Under  the  Act  of  March  2,  1897,  provision  is  made  for 
inspection  of  teas  imported  into  the  United  States,  the  Act 
prohibiting  the  importation  of  any  merchandise  as  tea  which 
is  inferior  in  purity,  quality  and  fitness  for  consumption  to 
standards  established  by  a  board  appointed  by  the  Secretary 
of  the  Treasury.  Under  the  standards  so  established  the 
coloring  of  teas  is  not  prohibited  and  there  is  no  require- 

^»Page  81. 


Imported  Foods  and  Drugs.  ir 

ment  in  the  Act  referred  to  that  color  shall  be  mentioned 
on  the  label.  It  is  understood  that  the  present  Act  will  not 
be  construed  as  preventing  the  importation  or  sale  in  orig- 
inal packages  of  teas,  whether  colored  or  not,  which  are 
not  inferior  to  the  standards  established  as  provided  for  in 
the  Act  of  March  2,  1897.  Colored  teas,  if  repacked  within 
the  United  States  and  sold  in  interstate  commerce,  would 
seem  to  be  subject  to  the  provisions  of  the  present  Act  as 
regards  the  use  of  colors,  but  unless  coloring  matter  is  added 
by  the  party  repacking  teas  within  the  United  States,  the 
matter  is  not  likely  to  be  made  the  subject  of  inquiry  by 
the  Department  of  Agriculture. 

14.  Scope  of  the  Act — Imported  Foods  and  Drugs — 

Regulations. 
The  form  of  the  declaration  to  be  signed  by  the  shipper 
and  attached  to  the  invoice  of  food  or  drug  products  is  pre- 
scribed by  Regulation  33.^®  Information  as  to  other  mat- 
ters affecting  importation  of  foods  and  drugs  is  given  in 
Regulations  34  to  38.^^ 

15.  Scope  of  the  Act — Seizure  in  Transit. 

Section  10^®  of  the  Act  is  intended  to  provide  for  the 
seizure  of  any  article  of  food,  drug  or  liquor  which  is 
adulterated  or  misbranded,  while  in  process  of  transporta- 
tion from  one  State,  Territory,  District  or  insular  possession 
to  another.  The  intent  of  this  Section  is  clear,  but  it  is 
not  clear  how  or  under  what  circumstances  the  seizure  may 
be  effected.  It  would  seem  that  the  seizure  provided  for 
by  this  Section  could  be  made  only  after  and  as  a  result 
of  an  analysis  or  examination  of  a  sample  or  specimen  by 
the  Bureau  of  Chemistry  of  the  Department  of  Agriculture, 
or  under  its  direction  and  supervision,  on  which  analysis  the 
article  of  food,  drug  or  liquor  has  been  held  to  be  adulterated 
or  misbranded.  There  is  nothing  in  the  Act  which  would 
warrant  the  bringing  of  process  of  libel  for  condemnation  of 

"Page  100.  "Pages  101-J02.  "Page  80. 


12  Purpose  and  Scope  of  the  Act. 

any  article  of  food,  drug  or  liquor  by  any  district  attorney 
except  upon  a  prima  facie  showing  that  the  provisions  of  the 
Act  had  been  violated,  and  no  provision  is  made  for  any 
showing  that  the  provisions  of  the  Act  have  been  violated 
except  the  showing  provided  for  in  Section  4"  based  upon 
analysis  or  examination  of  a  sample  or  specimen.  It  is 
hardly  likely  that  any  seizure  in  transit  under  Section  10 
will  be  made  until  further  legislation  on  the  matter  is  had. 

16.  Effect  of  the  Act. 

It  is  probable  that  so  far  as  concerns  production  and 
consumption  within  the  States,  the  Act  will  not  be  effective 
to  suppress  the  adulteration  or  misbranding  of  food  and 
drug  products  until  supplemented  by  State  legislation.  Many 
of  the  States  have  already  adopted  laws  equally  as  stringent 
as  this  Act,  some  even  more  stringent,  as  to  what  shall  be 
deemed  adulteration  or  misbranding.  Nearly  all  of  the 
States  which  have  not  already  adopted  such  laws  are 
likely  to  do  so  in  the  near  future.  There  is  a  strong 
movement  in  favor  of  the  general  adoption  by  the  States  of 
uniform  food  and  drug  laws  on  the  lines  of  this  Act,  and 
it  is  probable  that  this  movement  will  be  successful. 

"Page  75- 


CHAPTER  II. 

*^ 

^  PROCEDURE  UNDER  THE  ACT. 

17.  Collection  of  Samples. 

The  Act  does  not  prescribe  in  what  manner  specimens  or 
samples  of  foods  and  drugs  shall  be  collected,  leaving  this 
to  be  provided  for  by  the  Rules  and  Regulations  made 
by  the  Secretary  of  the  Treasury,  the  Secretary  of  Agricul- 
ture and  the  Secretary  of  Commerce  and  Labor.-"  It  should 
be  noticed  that  the  Act  does  not  provide  for  the  opening 
of  packages  for  the  purpose  of  taking  samples,  though  as 
above  pointed  out  in  respect  to  imported  foods  and  drugs^^ 
the  Secretary  of  the  Treasury  may  open  packages  for  this 
purpose.  There  seems  to  be  no  way  under  the  Act  by  which 
specimens  or  samples  may  be  collected  except  by  purchase 
and  Regulation  3--  indicates  no  way  except  by  purchase. 

The  Act  does  not  contain  any  provision  by  which  a  dealer 
can  be  compelled  to  furnish  specimens  or  samples  to  an 
agent  of  the  Department  of  Agriculture,  even  upon  tender 
of  the  price. 

As  regards  the  manner  of  collecting  samples,  Regula- 
tion 3,^^  being  made  under  the  authority  of  the  Act,  has  the 
force  and  effect  of  law  and  its  provisions  must  be  strictly 
complied  with  by  the  collector,  if  proceedings  under  the  Act 
are  to  be  brought  upon  a  specimen  or  sample  collected  by 
him.  Of  the  three  parts  into  which  the  sample  is  to  be 
divided,  or  of  the  three  packages  purchased,  one  must  be 
delivered  to  the  party  from  whom  purchased  or  to  the 
guarantor.  This  delivery  of  the  one  part  or  package  is 
evidently  for  the  purpose  of  notice  to  the  party  from  whom 
purchased  or  the  guarantor  that  proceedings  against  him 
under  the  Act  are  contemplated.     It  is  not  required  that 

^"Sec.  3,  Page  74.  "Page   9.  ^Page   84. 


14  Procedure  Under  the  Act. 

the  delivery  of  the  one  part  or  package  to  the  party  from 
whom  purchased  or  to  the  guarantor  should  be  made  im- 
mediately upon  the  purchase.  Evidently  it  cannot  be  deliv- 
ered to  a  guarantor  in  another  State  or  at  a  distance  without 
considerable  delay.  It  is  probable,  though  not  clear  from 
the  Regulation,  that  the  one  part  or  package  in  case  of 
foods  or  drugs  guaranteed  under  Section  9,""  should  be  de- 
livered to  the  guarantor  rather  than  to  the  party  from  whom 
purchased,  as  the  retailer  can  hardly  be  considered  as  an 
agent  of  the  guarantor  for  the  purpose  of  accepting  the  im- 
plied notice  of  contemplated  proceedings.  If  not  delivered 
to  the  guarantor,  the  guarantor  should  be  notified  of  the 
collection  of  the  sample  and  to  whom  the  part  or  package 
was  delivered.  It  should  perhaps  be  noted  that  any  one 
who,  pretending  to  be  an  agent  of  the  Department  of 
Agriculture,  demands  samples  without  ofifering  payment 
therefor  is  an  impostor  and  should  be  treated  as  such. 

The  Act  contemplates,  so  far  as  concerns  foods  and  drugs 
offered  for  sale  in  any  State  other  than  that  in  which  they 
v.-ere  manufactured  or  produced,  that  the  sample  shall  be  an 
unbroken  package,  or  at  least  be  taken  from  a  package  which 
is  unbroken  prior  to  the  taking  of  the  sample.  No  prosecu- 
tion under  the  Act  can  be  based  on  a  sample  taken  from  a 
broken  package,  and  it  is  open  to  doubt  whether  a  prosecu- 
tion under  the  Act  of  a  guarantor  under  Section  9  can  be 
based  on  a  sample  taken  from  a  package  broken  by  the 
retailer  even  for  the  purpose  of  furnishing  a  sample.  If  an 
original  unbroken  package  is  taken  as  a  sample  and  subse- 
quently opened  by  an  authorized  agent  of  the  Department 
of  Agriculture,  prosecution  of  a  guarantor  may  no  doubt 
be  based  on  such  sample. 

In  the  District  of  Columbia  and  in  the  territories  samples 
may  be  taken  either  from  broken  or  unbroken  packages. 
But  for  the  purpose  of  prosecution  of  a  guarantor  under 
Section  9,"*,  it  would  seem  to  be  necessary  that  the  sample 
should  be  from  an  original  unbroken  package. 

23Fage  80.  ^Pagt  80. 


Analysis  or  Examination.  15 

18.  Collection  of  Samples — Suggestions. 

The  fact  that  samples  are  collected  should  be  taken  as 
notice  that  the  food  or  drug  of  which  the  sample  is  taken 
is  suspected  by  the  Department  of  Agriculture  of  being 
adulterated  or  misbranded,  and  whether  the  manufacturer 
or  the  dealer  who  is  responsible  for  the  character  and 
branding  of  such  foods  or  drugs  knows  such  suspicion  to 
be  well  founded  or  not,  immediate  steps  should  be  taken 
to  prepare  such  defense  as  can  be  made.  If  the  food  or 
drug  in  question  is  not  known  or  believed  to  be  adulter- 
ated or  misbranded  within  the  definitions  of  these  terms 
accepted  by  the  Department  of  Agriculture,  the  part  or 
package  delivered  to  the  party  from  whom  purchased,  or  to 
the  guarantor,  by  the  collector,  should  be  at  once  subjected 
to  examination  by  a  competent  chemist  if  the  character  of 
such  food  or  drug  is  in  question,  and  whether  the  question 
is  one  of  adulteration  or  misbranding,  the  matter  should  be 
submitted  to  competent  legal  counsel, 

19.  Analysis  or  Examination  : 

The  method  of  analysis  is  clearly  explained  in  Regulation 
4^^,  and  the  course  of  proceedings  after  the  completion  of 
analysis  or  examination  of  samples  is  clearly  set  forth  in 
Regulation  5."" 

There  is  no  authority  under  the  Act  for  any  publication 
of  the  notice  to  the  party  from  whom  a  sample  was  ob- 
tained that  the  examination  or  analysis  shows  the  provisions 
of  the  Act  have  been  violated. 

The  notice,  according  to  the  wording  of  Section  4,^^ 
is  to  be  given  to  the  party  from  whom  the  sample  was  ob- 
tained. In  Regulation  5-"  this  is  construed  to  mean  notice 
to  the  party  who  is  responsible  for  the  adulteration  or  mis- 
branding, that  is,  in  case  of  foods  or  drugs  guaranteed  as 
provided  for  in  Section  9,"*  to  the  guarantor  rather  than  to 
the  retailer  from  whom  the  sample  was  actually  purchased. 

Pipage  84.  2«page  85.  -'Page  75.  ^sPage  80. 


1 6  Procedure  Under  the  Act. 

20.  Hearing  Before  the  Secretary  of  Agriculture, 

It  is  clearly  the  intent  of  the  Act  that  the  fullest  possible 
opportunity  should  be  given  any  party  alleged  to  have 
violated  the  provisions  of  the  Act,  to  present  in  the  pre- 
liminary proceedings  before  the  Secretary  of  Agriculture 
any  and  all  matter  of  defense  which  he  may  have. 

Under  the  provisions  of  Section  4,-"  the  Secretary  of 
Agriculture  is  required,  if  it  appears  that  any  of  the  pro- 
visions of  the  Act  have  been  violated,  to  at  once  certify  the 
facts  to  the  proper  district  attorney.  At  the  same  time  it  is 
probable  that  the  Secretary  of  Agriculture  will  be  warranted 
in  considering  any  matter  which  may  be  presented  in  excuse 
for  an  unintentional  violation  of  provisions  of  the  Act,  and 
will  undoubtedly  be  warranted  in  considering  arguments  as 
to  meaning  and  intent  of  provisions  of  the  Act  alleged  to 
have  been  violated,  particularly  if  such  provisions  of  the 
Act  are  not  entirely  clear. 

The  hearing  before  the  Secretary  of  Agriculture  provided 
for  by  this  Section  is  of  the  utmost  importance,  as,  if  at 
such  hearing  matters  of  defense  can  be  so  presented  as  to 
warrant  him  in  deciding  that  the  examination  or  analysis 
of  the  sample  is  not  correct  or  that  there  has  been  no  viola- 
tion of  any  provisions  of  the  Act,  or  that  the  facts  are 
not  such  as  to  require  him  to  certify  them  to  a  district  at- 
torney, any  notice  to  the  public  of  the  fact  that  the  sample 
appears  to  show  adulteration  or  misbranding,  which  in  it- 
self may  be  seriously  detrimental,  may  be  avoided. 

If  the  Secretary  of  Agriculture  finds  that  the  facts  are 
such  that  under  the  provisions  of  the  Act  he  must  certify 
them  to  the  proper  district  attorney  and  such  district  at- 
torney institutes  proceedings  as  provided  for  in  Section  5,^° 
it  will  be  impossible  to  avoid  some  information  reaching 
the  public  of  at  least  the  fact  that  such  proceedings  have 
been  instituted. 

-"Page  75. 


Publication.  17 

21.  Proceedings  IN  THE  Courts  . 

The  precise  nature  of  the  proceedings  to  be  brought  by 
the  district  attorney  to  whom  the  Secretary  of  Agriculture 
may  report  any  violation  of  the  Act  is  not  clearly  set  forth 
in  the  Act.  Presumably  it  is  intended  that  such  district 
attorney  should  present  the  matter  to  the  grand  jury  for 
their  action. 

It  should  be  noted  that  there  is  no  authority  under  the 
Act  for  instituting  any  proceedings  for  violations  of  the  pro- 
visions of  the  Act  by  any  district  attorney  upon  his  own 
initiative,  or  upon  complaint  of  any  purchaser.  Proceedings 
can  be  instituted  only  upon  the  report  of  the  Secretary  of 
Agriculture,  and,  as  provided  in  Section  4  the  Secretary 
of  Agriculture  can  make  such  report  only  after  an 
analysis  or  examination  by  Government  chemists  of  sam- 
ples collected  by  authorized  agents  of  the  Government,  and 
only  after  notice  to  the  party  accused  and  an  opportunity 
given  for  hearing.  The  Act  does  not  permit  hasty  or  ill 
considered  prosecution,  or  prosecution  arising  from  malice 
of  rivals,  and  there  is  nothing  in  the  Act  to  encourage  or 
reward  informers. 

22.  Publication  . 

Official  publication  of  the  fact  that  a  manufacturer  or 
dealer  appears  to  be  or  has  been  adjudged  to  be  responsible 
for  adulterated  or  misbranded  foods  or  drugs  can  only  be 
made  after  judgment  rendered  upon  proceedings  brought 
by  a  district  attorney,  the  Act  in  this  respect  differing  from 
some  of  the  State  laws  which  seem  to  permit  the  official 
publication  of  the  findings  of  the  State  chemist  without 
any  opportunity  being  given  for  a  hearing.  As  above 
pointed  out,  however,  the  fact  that  proceedings  have  been 
brought  by  the  district  attorney  can  hardly  be  kept  from 
public  notice.  The  publication  of  the  judgment  of  the  court 
holding  the  food  or  drug  brought  before  it  to  be 
adulterated     or     misbranded     will     be     as     provided     in 


i8  Procedure  Under  the  Act. 

paragraph  (b)  of  Regulation  6,^^  by  circulars,  no- 
tices, or  bulletins  as  the  Secretary  of  Agriculture  may  direct, 
and  will  no  doubt  be  so  made  as  to  give  the  fullest  possible 
notice  to  the  public  that  the  food  or  drug  in  question  is 
adulterated  or  misbranded.  The  effect  of  such  publication 
will  be  to  practically  prevent  further  sales  of  such  food 
or  drug.  Any  further  sale  will  be  likely  to  be  followed 
by  prosecution  for  a  second  offense. 

Paragraph  (c)  of  Regulation  6'-  clearly  indicates  that  the 
publication  of  the  judgment  will  not  be  withheld  on  account 
of  appeal  taken. 

"Page  86.  '^Page  86. 


CHAPTER  III. 
ARTICLES  TO  WHICH  THE  ACT  APPLIES. 

23.  Articles  to  Which  the  Act  Applies — Drugs  . 

The  term  "drug"  is  used  in  the  Act  in  the  broadest  pos- 
sible meaning.  It  includes  not  only  all  drugs  or  medicines, 
either  simple  or  compounded,  which  are  recognized  by  any 
branch  of  the  medical  profession  as  remedies  for  internal 
or  external  use,  but  all  substances  or  mixtures  of  substances 
which  are  offered  to  the  public  as  remedies  for  internal  or 
external  use  for  the  treatment  or  prevention  of  any  disease 
whatever  of  man,  other  animals,  poultry,  and  in  general  for 
any  living  creature,  and  includes  physicians'  prescriptions. 

The  term  includes  not  only  what  would  be  generally  un- 
derstood as  pharmaceutical  preparations,  plasters,  and  pro- 
prietary and  veterinary  medicines,  including  corn  cures,  lini- 
ments, salves,  ointments,  and  stock  foods  so-called,  but 
also  hair  tonics,  medicinal  soap,  cold  cream  or  massage 
cream,  talc  powder,  perfumes,  toilet  preparations  generally 
tooth  powders  and  liquid  dentrifices.  It  does  not  include 
disinfectants  and  probably  does  not  include  bay  rum,  face 
powder,  or  smelling  salts. 

The  line  between  foods  and  drugs  is  not  always  clear, 
particularly  as  regards  substances  which,  while  sometimes 
used  as  drugs,  are  also  used  as  foods  or  in  connection  with 
foods  for  technical  purposes.  Such  substances  when  sold 
or  offered  for  sale  for  use  as  medicine  will  undoubtedly  be 
subject  to  the  requirements  of  the  Act  as  drugs,  but  if 
sold  or  offered  for  sale  for  use  as  food  or  for  technical 
purposes,  will  n(Jt  be  subject  to  the  requirements  of  the  Act. 
For  instance,  turpentine  or  castor  oil,  if  used  as  a  medicine, 
will  be  subject  to  the  requirements  of  the  Act;  while  tur- 


20  Articles  to  Which  the  Act  AppHes. 

pentine  if  used  for  paint  or  varnish  or  other  industrial  pur- 
pose, or  castor  oil  used  for  a  leather  dressing  will  not  be 
subject  to  any  requirements  of  the  Act. 

24.  Articles  to  Which  the  Act  Applies — Foods. 

The  term  "food"  as  used  in  the  Act  expressly  includes 
all  articles  used  for  food,  drink,  confectionery,  or  condiment 
by  man  or  other  animals,  whether  simple,  mixed  or  com- 
pound. Hay,  grain  or  other  food  for  animals  or  poultry 
is  undoubtedly  included. 

The  term  "food"  includes  meats  and  meat  products,  but 
the  provisions  of  the  Act  will  not  be  construed  to  apply  to 
domestic  meats  and  meat  products  prepared,  transported  or 
sold  in  interstate  or  foreign  commerce  under  the  Meat  In- 
spection Law,  that  is  meat  of  cattle,  sheep,  swine,  and  goats. 
Poultry  and  fish  and  other  sea  food  of  domestic  or  foreign 
production  is  subject  to  the  provisions  of  this  Act.  Im- 
ported meats  and  meat  products  are  subject  to  the  provisions 
of  this  Act. 

Sugar,  salt  and  spices  will  be  subject  to  the  rec^uirement 
of  the  Act  as  foods  generally,  though  if  used  as  medicines 
or  in  connection  with  medicines,  they  will  no  doubt  be 
subject  to  the  requirements  for  drugs  if  necessary. 

Flavoring  extracts  will  be  considered  foods,  but  extracts 
used  as  medicines  will  be  considered  drugs,  not  foods. 

Chewing  gum  will  no  doubt  be  considered  as  broadly  a 
food  and  specifically  as  confectionery. 

Coffee  and  tea  are  considered  foods. 

Liquors,  wines  and  beverages  of  all  kinds  are  considered 
foods. 

Mineral  zvaters  and  drinking  waters  generally  are  in- 
cluded under  the  term  food. 

Milk  is,  of  course,  included. 


CHAPTER  IV. 

ADULTERATION. 

25.  Adulteration  . 

To  the  manufacturer  of  or  dealer  in  food  or  drug  pro- 
ducts it  is  of  the  utmost  importance  to  clearly  understand 
what  is  meant  by  "adulteration"  and  "misbranding"  as 
used  in  the  Act.  Adulteration  in  its  ordinary  definition  of 
making  impure  by  admixture  of  cheaper  or  inferior  ingre- 
dients is  obviously  included,  but  it  is  also  evident  that  the 
term  as  used  in  the  Act  has  a  broader  meaning  and  in- 
cludes the  use  in  food  or  drug  products  of  substances  not 
ordinarily  considered  adulterants.  Broadly  speaking,  the 
Act  prohibits  as  adulterated  any  food  or  drug  product  that 
is  below  an  established  or  recognized  standard  of  strength, 
quality,  or  purity,  or  that  contains  any  added  ingredient 
which  is  deleterious  or  detrimental  to  health,  or  which 
contains  any  substance  specifically  prohibited  by  the  Act. 
To  this  broad  statement  there  are  many  exceptions  provided 
for  in  the  Act,  and  in  fact  the  Act  is  not  to  be  understood 
as  absolutely  prohibiting  adulterated  foods  or  drugs  even 
in  the  ordinary  sense  of  adulteration  provided  they  are 
plainly  and  correctly  labeled  or  branded.  It  does,  however, 
prohibit  all  adulterated  foods  or  drugs  which  are  not  plainly 
and  correctly  labeled  or  branded  in  accordance  with  the 
requirements  of  the  Act,  and  absolutely  prohibits  the  use 
of  certain  substances  in  foods  or  drugs,  whether  specified 
on  the  label  or  not. 

26.  Adulteration — Drugs — Drug  Standards. 

In  order  to  determine  whether  or  not  an  article  of  food 
or  drug  shall  be  considered  to  be  adulterated  within  the 


22  Adulteration. 

meaning  of  the  Act,  it  is  necessary  to  compare  it  with  some 
standard  definition  or  description  of  the  article  in  question, 
either  a  generally  accepted  definition  or  a  definition  or  de- 
scription arbitrarily  adopted  as  a  standard. 

The  United  States  Pharmacopoeia  or  National  Formu- 
lary is  accepted  by  the  Act  as  correctly  defining  or  describing 
the  strength,  quality,  and  purity  of  each  drug  named  in  it. 
Unless  otherwise  plainly  stated  on  its  label,  any  drug  sold 
or  ofi^ered  for  sale  under  or  by  the  name  of  a  drug  which 
$  defined  or  described  in  the  Pharmacopoeia  or  National 
Fosmulary  must  conform  to  the  standard  of  strength,  qual- 
\y,  ajid  purity  ^s  determined  by  the  test  for  such  drug 
therein  laid  down. 

If  plainly  stated  to  differ  in  strength,  quality,  or  purity 
from  the  definition  or  description  stated  in  the  Pharma- 
copoeia or  National  Formulary  a  drug  will  not  be  deemed 
adulterated  provided  it  is  plainly  stated  on  the  label  what 
its  standard  of  strength,  quality,  or  purity  is,  and  if  in  fact  it 
conforms  to  the  statement  on  the  label.  With  regard  to 
mixtures  of  substances  put  up  according  to  a  recognized 
formula,  but  of  half  strength,  it  will  be  sufficient  if  the  pack- 
age or  bottle  is  marked  "^  Strength." 

The  first  paragraph  of  Section  7^^  under  "drugs"  appears 
to  relate  to  substances  and  mixtures  of  substances  sold  under 
or  by  a  name  recognized  in  the  Pharmacopoeia  or  National 
Formular\^ 

The  second  paragraph^*  relates  to  drugs  generally, 
whether  named  in  the  Pharmacopoeia  or  National  Formu- 
lary or  not,  and  is  clearly  intended  to  include  the  so-called 
"Patent"  or  proprietaiy  medicines.  It  requires  that  these 
as  well  as  all  drugs  must  be  in  strength  and  purity  up  to 
the  professed  standard  or  quality  under  which  they  are 
sold. 

In  the  States  the  requirements  of  this  Section  apply  only 
to  drugs  in  original  unbroken  packages  and  not  to  physi- 
cians' prescriptions  compounded  within  the  State  in  which 

"Page  76.  ^'•Page  76. 


Foods — Food  Standards.  23 

they  are  sold,  but  does  apply  to  prescriptions  which  are 
shipped  out  of  the  State.^^ 

In  the  District  of  Columbia  and  the  Territories  the  re- 
quirements of  this  Section  apply  to  drugs  in  original  un- 
broken packages,  and  also  apply  to  prescriptions  com- 
pounded in  the  District  or  the  Territory. 

The  United  States  Pharmacopoeia  or  National  Formulary 
to  be  taken  as  determining  the  standard  is  prescribed  by 
this  section  to  be  that  official  at  the  time  of  investigation. 
It  is  understood  that  the  Pharmacopoeia  is  now  being  or  is 
about  to  be  revised. 

27.  Adulteration — Foods — Food  Standards  . 

The  present  Act  does  not  expressly  adopt  or  authorize 
the  establishment  of  any  standards  for  food  products.  Un- 
der the  Agricultural  Appropriation  Act  of  March  3,  1903, 
provision  is  made  for  the  investigation  of  the  adulteration 
of  foods,  condiments,  beverages  and  drugs  and  also  "to  en- 
able the  Secretary  of  Agriculture  in  collaboration  with  the 
Association  of  Official  Agricultural  Chemists,  and  such 
other  experts  as  he  may  deem  necessary,  to  establish  stand- 
ards of  purity  for  food  products  and  to  determine  what  are 
regarded  as  adulteration  therein,"  and  in  accordance  with 
the  provisions  of  that  Act  the  Department  of  Agriculture 
has  published  as  Circular  No.  19^"  standards  of  purity  for  a 
large  number  of  food  products,  and  standards  for  other  food 
products  are  in  preparation. 

The  standards  as  published  in  this  circular  No.  19,^"  with 
a  few  exceptions,  such  as  ice  cream  in  which  the  percentage 
of  butter  fat  required  (14%),  is  considered  by  many  manu- 
facturers to  be  too  high,  appear  to  have  been  generally  re- 
garded as  correctly  describing  the  various  articles  of  food 
mentioned  in  it  as  manufactured  and  sold  by  those  who  aim 
to  manufacture  or  to  deal  in  pure  food  products.  While 
it  is  doubtful  whether  the  standards  established  under  the 
authority  of  the  Act  of  March  3,  1903,  are  controlling  as 

^''F.  I.  D.  57,  Page  122.  -'Page    14:. 


24  Adulteration. 

determining  what  shall  be  deemed  adulterations  of  food 
products  under  the  present  Act,  such  standards  are  entitled 
to  great  weight  and  will  be  regarded  by  the  Courts  in  any 
proceedings  brought  under  this  Act,  as  persuasive  if  not 
authoritative.  In  so  far  as  these  standards  conform  in  their 
definition  of  various  articles  of  food  to  the  standard  recog- 
nized in  the  trade,  the  "Trade  Description"  as  it  is  termed 
in  the  British  Merchandise  Marks  Act,  they  will  be  regarded 
as  the  standards  by  comparisons  with  which  adulterations 
are  to  be  determined. 

28.  Adulteration — Foods — Admixture  of  Inferior  In- 
gredients . 

Under  the  first  and  second  par9.graphs  under  "food"  in 
Section  7,"  an  article  of  food  is  to  be  deemed  adulterated  if 
any  substance  has  been  mixed  or  packed  with  it  so  as  to 
reduce,  or  lower,  or  injuriously  affect  its  quality  or  strength, 
or  if  any  substance  has  been  substituted  wholly  or  in  part 
for  it. 

The  adulteration  prohibited  by  these  paragraphs  is  the 
common  form  of  adulteration  consisting  in  the  admixture  or 
substitution  in  food  products  of  a  cheaper  or  inferior,  though 
not  necessarily  or  usually  harmful,  substance,  a  species  of 
commercial  fraud  by  which  the  food  value  of  the  product 
is  lessened,  the  object  of  such  adulteration  being  to  reduce 
the  cost  to  the  producer  and  to  enable  him  by  passing  it 
off  upon  the  consumer  as  of  full  value,  to  secure  a  larger 
profit  than  could  be  made  by  furnishing  an  article  of  stand- 
ard quality  and  strength. 

Among  the  food  products  which  have  heretofore  been 
found  to  be  particularly  liable  to  this  form  of  adulteration 
are  milk,  vinegar,  flavoring  extracts,  confectionery,  jellies, 
jams,  preserves,  cocoa,  honey,  butter,  molasses,  spices,  cof- 
fee, olive  oil,  and  baking  powder. 

If  the  adulteration  is  carried  to  the  extent  of  wholly  sub- 


Adulteration.  25 

stituting-  another  substance  for  the  pure  article  it  clearly 
comes  under  the  prohibition  of  the  first  paragraph.  If  not 
carried  to  the  extent  of  complete  substitution,  it  would  seem 
to  be  covered  by  either  paragraph,  the  second  paragraph 
appearing  to  cover  such  substitution  whether  or  not  the 
quality  or  strength  is  reduced,  or  lowered,  or  injuriously 
affected.  A  claim  that  the  product  resulting  from  the  ad- 
mixture of  another  substance  is  better  or  more  wholesome 
than  the  pure  article  is  clearly  no  defense  to  a  charge  of 
violation  of  these  or  any  other  provisions  of  the  Act. 

These  paragraphs  of  this  Section  of  the  Act  are  to  be 
read  with  Section  8^^  relating  to  misbranding  under  which 
mixtures,  compounds,  imitations  or  blends  are  permitted  if 
plainly  so  labeled. 

Construing  these  paragraphs  of  Section  7^^  with  Section 
8,^^  they  appear  to  prohibit  the  admixture  with  or  substi- 
tution in  an  article  of  food  of  any  mineral  substance,  or  any 
inert  substance,  and  to  prohibit  the  admixture  of  any  sub- 
stance unless  the  resulting  product  is  plainly  stated  to  be  a 
mixture,  compound  or  blend  and  the  name  of  the  added  sub- 
Stance  is  also  stated. 

Proprietary  foods^^  seem  to  be  excepted  from  the  provi- 
sions of  these  two  paragraphs  of  Section  7  if  known  under 
their  own  distinctive  names  and  not  an  imitation  of  or  of- 
fered for  sale  under  the  distinctive  name  of  another  article, 
provided  the  name  be  accompanied  with  a  statement  of  the 
place  of  manufacture. 

Imitation  foods*"  seem  to  be  also  excepted  from  the  provi- 
sions of  these  paragraphs  of  Section  7  if  plainly  stated  to  be 
imitations. 

Under  Regulation  11,*^  these  paragraphs  of  Section  7  are 
construed  not  to  prohibit  substances  properly  used  in  the 
preparation  of  food  products  for  clarification  or  refining  and 
eliminated  in  the  further  process  of  manufacture.  This 
regulation  clearly  indicates,  as  has  been  above  pointed  out, 

"Page  ^^.  =«Pagc  78.  ""Page  79.  "Page  79.  "Page  88. 


26  Adulteration. 

that  the  only  food  or  drug  that  can  be  made  the  basis- 
for  proceedings  under  the  Act,  is  the  finished  product  and 
unless  the  specimen  or  sample  collected  as  provided  in  Regu- 
lation 3  is  shown  on  analysis  to  contain  an  adulterant  or 
other  prohibited  substance  it  cannot  be  held  to  be  adulter- 
ated. 

It  is  not  to  be  understood  that  these  paragraphs  or  any- 
thing in  the  Act  prohibits  the  addition  of  water  or  other 
proper  diluent  wherever  necessary  to  reduce  an  article 
which  is  above  standard  strength  to  standard  strength  as, 
for  instance,  the  addition  of  water  to  whiskey  which  is  above 
proof  for  the  purpose  of  reducing  it  to  proof  as  expressly 
permitted  under  the  Act  of  March  3,  1897. 

29.    Adulteration — Foods — Abstraction  of  Valuable 

Constituent  . 

Under  the  third  paragraph^"  under  "food"  in  Section  7,  a 
food  product  from  which  a  valuable  constituent  has  been 
wholly  or  in  part  abstracted  is  to  be  deemed  adulterated. 

Regulation  26,*^  regarding  the  sale  of  waste  material, 
though  not  designated  as  bearing  upon  this  paragraph  of 
Section  7,  should  evidently  be  read  in  connection  with  it. 
This  paragraph  seems  capable  of  being  read  to  prohibit  the 
sale  of  skimmed  milk  or  cheese  made  from  skimmed  milk. 
It  is  clear  from  Regulation  26,  as  well  as  from  the  general 
tenor  of  Section  8,'**  that  nothing  in  the  Act  will  be  con- 
strued to  prohibit  the  sale  of  skimmed  milk  or  any  other 
article  from  which  any  valuable  constituent  has  been  ab- 
stracted provided  the  skimmed  milk  or  other  article  is 
sold  or  offered  for  sale  for  what  it  is  and  not  as  containing 
all  of  the  constituents  originally  contained. 

The  Act  does  not  contemplate  or  intend  to  prohibit  the 
sale  as  food  of  anything  which  is  wholesome,  provided  it 
is  not  sold  under  any  misrepresentation. 

*-Page  TT.  *"Page  95.  "Page  78. 


Concealment  of  Damage  or  Inferiority.  27 

30.  Adulteration,  Foods — Concealment  of  Damage  or 
Inferiority  . 

Under  the  fourth  paragraph^^  under  "food"  in  Section 
7,  any  article  of  food  which  is  damaged  or  inferior  which 
has  been  so  treated  by  mixing,  coloring,  powdering,  coating 
or  staining  as  to  conceal  the  damage  or  inferiority,  is  to  be 
demed  adulterated. 

(a)  Mixed.  The  term  "mixed"  appears  to  refer  to  the 
mixing  of  different  substances  to  form  what  are  referred  to 
in  Section  8  as  mixtures,  compounds  or  blends.  The  mix- 
ing of  substances,  one  of  which  is  damaged  or  inferior,  in 
uich  a  manner  or  in  such  proportions  as  to  conceal  such 
damage  or  inferiority  is  clearly  prohibited. 

(b)  Colored.  The  use  of  coloring  matter,  whether  in 
itself  harmless  or  not,  is  prohibited  by  the  paragraph  if 
its  effect  is  to  conceal  damage  or  inferiority.  The  use 
of  coloring  matter  in  food  products  is  not  prohibited  pro- 
vided the  coloring  matter  is  harmless  and  is  not  used  to 
conceal  inferiority.  The  coloring  of  butter  is  expressly 
permitted  by  the  Act  of  August  2,  1886,  and  the  coloring  of 
cheese  is  permitted  by  the  Act  of  June  6,  1896,  neither  of 
which  Acts  are  repealed  by  the  present  Act. 

Harmless  vegetable  colors  may  be  used  for  coloring  foods 
and  certain  of  the  coal  tar  or  analine  colors  may  be  used 
under  the  conditions  and  restrictions  prescribed  by  the  Sec- 
retary of  Agriculture.*"  But  neither  harmless  vegetable 
colors  nor  permissible  analine  colors  may  be  used  if  their  use 
makes  a  damaged  article  appear  to  be  sound  or  makes  an 
article  of  inferior  quality  or  character  appear  to  be  free 
from  damage  or  of  standard  quality  or  character.  The  color- 
ing of  milk  to  make  it  appear  richer  than  it  is  would  be 
adulteration  under  this  paragraph. 

(c).  Pozvdcred.  Under  Regulation  12*^  (b)  and  (c), 
any  article  of  food  which  is  reduced  to  a  powder  to  con- 

«Page  77.  "Page  89.  "Page  88. 


28  .  Adulteration. 

ceal  damage  or  inferiority  in  character  or  quality,  will  be 
deemed  to  be  adulterated.  Also  any  article  of  food  to  the 
exterior  of  which  any  powdered  substance  is  applied  with 
the  effect  of  concealing  damage  or  inferiority  in  character 
or  quality  will  be  deemed  to  be  adulterated. 

(d.)  Coated.  Under  Regulation  12*^  (d),  any  article  of 
food  to  the  exterior  of  which  is  applied  a  coating  of  any 
substance  with  the  result  of  concealing  damage  or  inferior- 
ity will  be  deemed  to  be  adulterated. 

(e).  Stained.  Under  Regulation  12*"  (e),  any  article 
of  food  which  is  exteriorly  colored  or  tinted  by  the  appli- 
cation of  any  substance  with  the  result  of  concealing  damage 
or  inferiority  will  be  deemed  to  be  adulterated. 

This  paragraph  is  clearly  so  worded  that  its  violation 
may  be  detennined  by  examination  or  analysis  of  the  fin- 
ished product.  The  result  rather  than  the  intent  is  the 
thing  to  be  considered  under  this  paragraph,  and  the  same 
is  true' of  all  of  the  provisions  regarding  both  adulteration 
and  misbranding.  It  is  the  finished  product,  whether  food 
or  drug,  and  the  finished  product  only,  upon  which  pro- 
ceedings under  the  Act  can  be  based. 

31.  Adulteration — Foods — Colors  and  Preservatives: 

Paragraph  five  under  "food"  of  Section  7^"  provides  that 
any  article  of  food  to  which  any  poisonous  or  deleterious 
ingredient  which  may  render  it  injurious  to  health  has  been 
added,  shall  be  deemed  to  be  adulterated.  An  exception 
is  made  with  regard  to  preservatives  applied  to  the  exterior 
of  an  article  of  food  in  such  a  way  that  they  do  not  pene- 
trate the  interior  or  any  portion  of  the  interior  and  must 
be  removed  either  mechanically  or  by  maceration  in  water 
or  otherwise  before  the  article  to  which  they  are  applied  can 
be  used  as  food. 

This  paragraph  applies  only  to  poisonous  or  deleterious 
ingredients  which  are  added  to  the  food  product.     Any  in- 

«Page  88.  "Page  88.  =«Page  77. 


Colors  and  Preservatives.  29 

gredient,  whether  poisonous  or  deleterious  or  not,  which  is 
naturally  present  in  fruit  or  other  food  material  does  not 
render  a  food  product  adulterated.  The  distinction  is  a 
necessary  one,  otherwise  the  use  of  certain  fruits,  for  in- 
stance peaches  or  cranberries,  would  be  prohibited  by  the 
Act,  since  the  acids  which  these  and  some  other  fruits  con- 
tain naturally,  would  be  poisonous  or  deleterious  if  used  in 
concentrated  form,  though  in  the  minute  quantities  in  which 
they  are  present  in  the  fruit,  they  are  not  harmful  to  per- 
sons in  normal  health  if  harmful  at  all. 

This  paragraph  clearly  prohibits  the  use  in  food  products 
of  colors  or  preserv^atives  which  are  poisonous  or  deleterious, 
and  permits  the  use  of  only  those  colors  or  preservatives 
which  are  harmless.  The  paragraph  does  not  make  any 
exception  as  to  colors  or  preservatives  which  are  harmless 
if  used  in  certain  proportions,  but  are  poisonous  or  deleteri- 
ous if  used  in  greater  proportion,  ujiless  this  is  implied  by 
the  words  "which  may  render  such  article  injurious  to 
health." 

The  Act  does  not  expressly  prescribe  what  colors  or 
preservatives  shall  be  deemed  to  be  poisonous  or  deleterious, 
nor  does  it  expressly  authorize  anyone  to  determine  what 
colors  or  preservatives  shall  be  deemed  to  be  poisonous  or 
deleterious.  The  Act  does  provide  in  Section  3®^  that  the 
Secretary  of  the  Treasury,  the  Secretary  of  Agriculture  and 
the  Secretary  of  Commerce  and  Labor  shall  make  rules  and 
regulations  for  carrying  out  the  provisions  of  the  Act,  and 
acting  under  this  provision  the  Secretaries  have,  by  Regula- 
tion 15,°^  delegated  to  the  Secretary  of  Agriculture  the 
duty  of  determining  the  wholesomeness  of  colors,  preserva- 
tives and  other  substances  which  are  added  to  foods,  with 
the  proviso  that  the  findings  of  the  Secretary  of  Agriculture 
when  approved  by  the  Secretary  of  the  Treasury  and  the 
Secretary  of  Commerce  and  Labor  shall  become  a  part 
of  the  Regulations.     Any  determination  by  the  Secretary  of 

"Page  74.  "^Page  89. 


30  Adulteration. 

Agriculture  of  the  wholesomeness  of  colors,  preservatives 
and  other  substances  which  are  added  to  foods,  whether 
approved  by  the  Secretar}'-  of  the  Treasury  and  the  Secre- 
tary of  Commerce  and  Labor  or  not,  while  no  doubt  entitled 
to  great  weight,  is  not  binding  upon  the  courts.  Manufac- 
turers of  food  products  who  use  only  the  colors  or  preserva- 
tives which  are  approved  by  the  Secretary  of  Agriculture, 
will  avoid  any  risk  of  prosecution  under  the  Act.  Those 
who  choose  to  use  colors  or  preservatives  not  authorized 
by  the  Secretary  of  Agriculture  take  the  chances  of  prose- 
cution, but  if  able  to  show  to  the  satisfaction  of  the  court 
that  the  colors  or  preservatives  are  not  in  fact  poisonous 
or  deleterious,  will  not  be  held  guilty  of  violation  of  the 
provisions  of  the  Act  so  far  as  their  use  of  such  colors 
or  preservatives  is  concerned. 

In  Regulation  39  of  the  Regulations  governing  the  Meat 
Inspection  of  the  U.  S.  Department  of  Agriculture,  the  pre- 
servatives permitted  to  be  used  in  meats  or  meat  products 
are  "common  salt,  sugar,  wood  smoke,  vinegar,  pure  spices, 
and,  pending  further  inquiry,  saltpeter."  No  colors  may 
be  used  in  meats  or  meat  food  products  except  such  as  may 
be  approved  by  the  Secretary  of  Agriculture. 

Under  the  present  Act  the  preservatives  authorized  to  be 
used  in  meats  and  meat  food  products  will  be  permitted  to 
be  used  in  food  products,  and  certain  other  preservatives 
will  be  permitted  under  prescribed  conditions  and  in  pre- 
scribed quantities  or  proportion. 

It  is  probable  that  benzoate  of  soda  will  be  permitted 
to  be  used  for  a  limited  term  of  years  in  quantities  not  ex- 
ceeding i/io  of  I  per  cent  in  catsup  and  perhaps  a  few  other 
foods,  and  that  the  use  of  sulphurous  acid  for  bleaching  pur- 
poses in  the  manufacture  of  syrup  and  dried  fruits  will  also 
be  permitted,  provided  the  sulphurous  acid  remaining  in  the 
syrup  or  the  dried  fruits  does  not  exceed  a  prescribed  per- 
centage. 

It  is  probable  that  a  few  of  the  analine  colors  claimed  to 
be  harmless  will  be  permitted  to  be  used  for  at  least  a  lim- 


Colors  and  Preservatives.  31 

ited  period,  but  particular  care  will  be  required  to  be  taken 
by  the  user  of  such  permitted  analine  colors  to  be  certain 
that  such  colors  are  free  from  deleterious  matter  and  have 
been  proved  to  be  in  fact  harmless. 

In  case  any  of  the  preservatives  which  are  permitted  to 
be  used,  other  than  those  permitted  under  the  Meat  In- 
spection Law,  or  any  of  the  permitted  analine  colors,  are 
used,  the  fact  of  their  use  and  probably  the  proportion  in 
Avhich  they  are  used  will  be  required  to  be  stated  on  the 
label. 

Definite  rulings  on  the  matter  of  preservatives  and  colors 
have  not  yet  been  issued. 

Under  the  exception  in  paragraph  5^^  permitting  the 
use  of  external  preservatives,  rice  may  be  finished  by  coating 
with  one-thousandth  part  glucose  and  one  three-thousandth 
part  talc,  provided  each  pocket  of  rice  is  provided  with  a 
tag  stating  the  fact  with  direction  to  remove  the  coating  by 
washing,  together  with  the  name  of  the  manufacturer  and 
his  place  of  business.  Parafifin,  not  being  removable  by 
washing,  may  not  be  used  in  milling  rice.  Boric  acid,  even 
if  applied  externally  as  a  preservative,  will  not  be  permitted, 
it  being  considered  that  it  cannot  be  so  used  without  more 
or  less  permeation  of  the  food  article  to  which  it  is  applied. 

32.     Adulteration — Foods — Prohibited    Colors    and 
Preservatives  . 

Preservatives  and  colors  other  than  those  expressly  per- 
mitted cannot  be  used  in  food  products  without  rendering 
the  products  liable  to  be  held  adulterated.  Among  the 
preservatives  or  other  substances  deemed  to  be  poisonous  or 
deleterious  and  thus,  in  effect,  forbidden  to  be  added  to 
.food  products,  may  be  mentioned: 

Benzoic  Acid  (except  as  above  page  30). 

Boric  Acid. 

Formaldehyde. 

"Page  77- 


32  Adulteration. 

Glycogen. 
Saccharine. 
Salycilic  Acid. 
Sodium  Sulphate. 
Sulphate  of  Copper. 

All  mineral  colors  and  all  analine  colors  other  than  those 
expressly  permitted  are  prohibited. 

33.  Adulteration — Foods — Effect  of  Rulings. 

It  should  be  distinctly  understood  that  the  rulings  of  the 
Secretary  of  Agriculture  in  the  matter  of  colors  and  pre- 
servatives are  not  made  as  absolutely  decisive  upon  the  ques- 
tions ruled  on.  The  final  determination  upon  these  ques- 
tions rests  with  the  courts.  The  Secretary  of  Agriculture, 
however,  as  regards  the  enforcement  of  the  provisions  of 
the  Act  occupies  the  double  position  of  complainant  and 
magistrate  before  whom  the  complaint  is  preliminarily 
heard  with  power  to  hold  the  accused  for  trial  by  a  United 
States  court.  It  obviously  follows  that  with  regard  to  the 
use  of  particular  colors  or  preservatives  as  well  as  with  re- 
gard to  other  matters  provided  for  in  the  Act,  if  the 
Secretary  of  Agriculture  holds  that  such  colors  or  preserva- 
tives may  be  used  there  will  be  no  complaint  and  no  proceed- 
ings before  the  court.  On  the  other  hand,  if  the  ruling  of 
the  Secretary  of  Agriculture  does  not  permit  the  use  of  the 
color  or  preservative  in  question  he  may  institute  proceed- 
ings and  hold  the  accused  for  trial  by  the  courts.  Unless 
a  manufacturer  is  confident  that  the  holdings  of  the  courts 
will  be  contrary  to  the  rulings  of  the  Secretary  of  Agricul- 
ture, it  will  be  advisable  to  accept  his  rulings. 

34.  Adulteration — Foods — Character  of  Raw  Mate- 

rials . 

Under  the  sixth  paragraph,^*  under  "food"  in  Section  7, 
a  food  product  will  be  deemed  to  be  adulterated  if  it  con- 

"Page   yT,    Page    143. 


Confectionery.  33 

sists  in  whole  or  in  part  of  a  filthy,  decomposed  or  putrid 
animal  or  vegetable  substance  or  any  portion  of  an  animal 
unfit  for  food,  or  if  it  is  the  product  of  a  diseased  animal 
or  one  that  has  died  other  than  by  slaughter. 

The  language  of  the  paragraph  is  clear  and  positive. 
There  is  no  doubt  that  proceedings  should  be  and  will  be 
brought  against  anyone  violating  its  provisions.  It  is  not, 
however,  clear  that  proceedings  can  be  brought  even  under 
this  paragraph  unless  the  sample  or  specimen  collected  in 
the  regular  way  shows  on  examination  or  analysis  that 
the  provisions  of  the  paragraph  have  been  violated.  It  is, 
however,  probable  that  any  product  made  in  violation  of 
this  paragraph  will  show  upon  examination  or  analysis  that 
it  is  composed  in  whole  or  in  part  of  prohibited  material  as 
such  material  can  hardly  be  concealed  unless  by  mixing, 
powdering,  coating  or  staining,  in  which  case  the  product 
will  violate  the  fourth  paragraph. ^^ 

This  paragraph  undoubtedly  covers  milk  which  is  unfit 
for  use  because  of  filth  or  which  is  the  product  of  diseased 
cows,  and  probably  also  covers  mineral  or  other  drinking 
water  wdiich  is  unfit  for  use  because  of  the  presence  of 
filth  or  decomposed  animal  or  vegetable  substance,  as  well, 
of  course,  covering  any  other  food  product  unfit  for  use  be- 
cause of  filth. 

35.  Adulteration — Foods — Confectionery  . 

All  of  the  above  considered  provisions  respecting  foods 
apply  also  to  confectionery.  In  addition,  the  presence  in 
confectionery  of  certain  substances,  some  of  which  may  be 
used  in  other  food  products,  will  cause  it  to  be  deemed  adul- 
terated. 

The  term  "confectionery"  is  not  defined  in  the  Act  or 
in  the  Food  Standard  Bulletin  of  the  Department  of  Agri- 
culture, circular  No.  iq.'"'" 

In  the  bulletin  referred  to,  "Candy"  is    defined    as  "A 

"^Page  77.  "'Page    148. 


34  Adulteration. 

product  made  from  a  saccharine  substance  or  substances, 
with  or  without  the  addition  of  harmless  coloring,  flavoring 
or  filling  materials,  and  contains  no  terra  alba,  barytes,  talc, 
chrome  yellow,  or  other  mineral  substances  or  poisonous 
color  or  flavors  or  other  ingredients  deleterious  or  detri- 
mental to  health,  or  any  vinous,  malt  or  spirituous  liquors  or 
compounds  or  nacotic  drug." 

Probably  chewing  gum  and  ice  cream  will  both  be  sub- 
ject to  the  provisions  regarding  confectionery. 

This  section  of  the  Act  clearly  prohibits  the  use  in  con- 
fectionery of  any  mineral  substance  whatever,  including 
parafiin  and  all  mineral  colors.  Whether  coal  tar  or  analine 
colors  and  flavors  are  mineral  substances  seems  to  be  a 
■controverted  question,  but  the  coal  tar  or  analine  colors 
held  by  the  Secretary  of  Agriculture  to  be  permissible  may 
be  used  in  confectionery  under  the  conditions  prescribed 
and  for  the  period  therein  stated. 

Vegetable  colors  and  flavors  may  be  used  in  confectionery 
provided  they  are  harmless. 

Saccharine  may  not  be  used  in  confectionery. 

Gelatin  if  free  from  bisulphates  or  other  deleterious  ingre- 
dients may  be  used  in  confectionery. 

Glucose  containing  bisulphates  may  not  be  used. 

Bleachers  or  hardeners  containing  bisulphates  may  not 
be  used  in  confectionery. 

Shellac  may  be  used  in  glossing  candy  provided  the 
alcohol  in  which  it  is  dissolved  is  so  completely  evaporated 
as  to  leave  no  trace  on  or  in  the  candy. 

Vaseline  or  other  harmless  fats  and  oils  may  be  used 
in  finishing  confectionery. 

In  chezving  gum  parafiin  or  chicle  may  undoubtedly  be 
used  provided  the  soluble  ingredients,  sugar,  color,  flavor, 
etc.,  conform  to  the  requirements  of  the  Act. 

No  vinous,  malt,  or  spirituous  liquors  or  compound  may 
be  used  in  confectionery.  This  does  not  exclude  the  use 
ot  flavoring  extracts  or  the  use  of  vinous,  malt  or  spirit- 


Confectionery.  35 

-uous  liquors  or  compounds  for  flavoring  merely,  provided 
there   is   no   trace  of  alcohol   in  the  finished   product. 

No  drug  of  a  narcotic  nature  may  be  used  in  confec- 
tionery. This  prohibits  not  only  all  of  the  drugs  mentioned 
in  Section  8^'  and  their  derivatives  as  stated  in  Regulation 
28  (f)^*  but  all  other  drugs  of  a  narcotic  nature. 

"Page  78.  ssPage  96. 


CHAPTER  V. 

iMISBRANDING. 

36.  Misbranding  in  General. 

The  provisions  contained  in  Section  8^^  are  the  most  im- 
portant provisions  of  the  Act.  The  Act  prohibits  adul- 
teration and  defines  in  Section  7  what  shall  be  deemed  adul- 
teration, but  there  is  nothing  in  Section  7®*^  or  in  any  Section 
of  the  Act  which  requires  either  foods  or  drugs  to  con- 
form to  any  standard  of  strength,  quality  or  purity,  pro- 
vided the  food  or  drugs  are  sold  or  offered  for  sale  for 
what  they  really  are,  and  provided,  of  course,  that  they 
are  not  of  a  character  which  renders  them  unfit  for  use. 

The  main  purpose  of  the  Act  is  not  necessarily  to  secure 
uniformity  in  food  or  drug  products  or  to  prevent  the  sale 
of  substandard  or  even  inferior  foods  or  drugs,  but  to  pre- 
vent the  passing  off  upon  the  public  of  substandard  or  in- 
ferior foods  or  drugs  labeled  or  branded  or  otherwise  rep- 
resented to  be  of  standard  quality,  strength  or  purity. 

Perhaps  the  best  test  of  "misbranding"  so  far  at  least 
as  concerns  foods  and  drugs  not  subject  to  specific  provi- 
sions of  the  Act,  is  the  test  prescribed  in  the  Trademark 
Act  of  February  20,  1905,  for  determining  the  registrability 
of  a  trademark.  In  order  to  be  registrable,  a  trademark 
must  not  so  closely  resemble  a  trademark  owned  or  in  use 
by  another  and  applied  to  merchandise  of  the  same  de- 
scriptive properties  "as  to  be  likely  to  cause  confusion  or 
mistake  in  the  mind  of  the  public  or  to  deceive  purchasers." 

Foods  or  drugs  which  l)ear  a  label  or  brand  which 
correctly  states  the  contents  of  the  package  in  such  a  way  as 
not  "to  be  likely  to  cause  confusion  or  mistake  in  the  mind 

''"Page  78.  «»Page  76. 


False  Trade  Description.  37 

of  the  public  or  to  deceive  purchasers"  cannot  be  held  to 
be  misbranded. 

37.  Misbranding — False  Trade  Description  . 

The  first  paragraph  of  Section  8''^  appears  to  prohibit, 
in  connection  with  foods  or  drugs,  the  use  of  what  is 
termed  in  the  British  Merchandise  Marks  Act  of  1887,  a 
"false  trade  description."  In  view  of  the  fact  that  in  gen- 
eral purpose  and  to  a  considerable  extent  in  language,  the 
present  Act  is  closely  analogous  to  the  Merchandise  Marks 
Act,  it  is  not  unlikely  that  the  numerous  decisions  of  the 
English  courts  on  the  Merchandise  Marks  Act,  while  in  no 
sense  controlling,  will  be  entitled  to  considerable  weight 
in  the  construction  and  application  of  the  present  Act  by 
the  United  States  courts. 

Under  the  Merchandise  Marks  Act,  1887,  every  person 
is  subject  to  the  provisions  of  the  Act  who 

(d)   applies  any  false  trade  description  to  goods, 

and  the  Act  defines  "trade  description"  as  follows : 

The  expression  "trade  description"  means  any  de- 
scription, statement,  or  other  indication,  direct  or  in- 
direct. 

(a)  as   to   the   number,   gauge,   or  weight  of  any 

goods,  or 

(b)  as  to  the  place  or  country  in  which  any  goods 
were  made  or  produced,  or 

(c)  as  to  the  mode  of  manufacturing  or  producing 
any  goods,  or 

(d)  as  to  the  material  of  which  any  goods  are  com- 
posed, or 

(e)  as  to  any  goods  being  the  subject  of  an  existing 
patent  privilege  or  copyright, 

and  the  use  of  any  figure,  word,  or  mark  which, 
according  to  the  custom  of  the  trade  is  commonly 
taken  to  be  an  indication  of  any  of  the  above 
matters,    shall    be    deemed    to   be    a   trade  description 

"Page  78. 


38  Misbranding. 

within  the  meaning  of  the  Act.  The  expres- 
sion 'Talse  Trade  Description"  means  a  trade  de- 
scription which  is  false  in  a  material  respect  as  regards 
the  goods  to  which  it  is  applied,  and  includes  every 
alteration  of  a  trade  description,  whether  by  way  of 
addition,  effacement,  or  otherwise,  where  that  alteration 
makes  the  description  false  in  a  material  respect,  and 
the  fact  that  a  trade  description  is  a  trademark,  or  part 
of  a  trademark,  shall  not  prevent  such  trade  descrip- 
tion being  a  false  description  within  the  meaning  of 
this  Act. 

The  provisions  of  this  Act  respecting  the  application 
of  a  false  description  to  goods  shall  extend  to  the 
application  to  goods  of  any  such  figures,  words,  or 
marks,  or  arrangement  or  combination  thereof,  whether 
including  a  trademark  or  not,  as  are  reasonably  calcu- 
lated to  lead  persons  to  believe  that  the  goods  are  the 
manufacture  or  merchandise  of  some  person  other  than 
the  person  whose  manufacture  or  merchandise  they 
really  are. 

The  Merchandise  Marks  Act  provides  that  its  provisions 
respecting  "false  trade  description"  shall  extend  to  the  ap- 
plication to  goods,  of  a  false  name  or  initials,  which  it  de- 
fines as  meaning 

any  name  or  initials  of  a  person  which 

(c)  are  either  those  of  a  fictitious  person  or  of  some 
person  not  bojia  fide  carrying  on  business  in  connection 
with  such  goods. 

It  seems  to  be  clear  that  the  first  paragraph  of  Section  8 
of  the  present  Act  is  intended  to  prohibit  the  use  of  the 
"false  trade  description"  and  false  name  or  initials  of  the 
merchandise,  and  is  perhaps  capable  of  being  construed  to 
also  prohibit  statements,  designs  or  devices  which  would 
not  be  within  these  terms  of  the  British  Act. 

It  should  be  noted  that,  while  the  Merchandise  Marks  Act 
provides  that  it  shall  be  a  sufficient  defense  if  the  defendant 


Prior  U.  S.  Statutes.  39 

charged  with  applying  a  false  trade  description  to  goods 
shows 

(b)  that  he  took  reasonable  precautions  against  com- 
mitting the  offense  charged,  and 

(c)  that  he  had  at  the  time  of  the  commission  of 
the  alleged  offense,  no  reason  to  suspect  the  genuineness 
of  the  trademark  or  trade  description. 

The  present  Act  does  not  distinguish  between  wilful  mis- 
branding and  unintentional  misbranding.  If  the  label  or 
brand  on  the  sample  or  specimen  collected  as  provided  for 
is  false  or  misleading  in  any  particular,  the  person  respon- 
sible for  such  misbranding  is  liable  under  the  Act  without 
regard  to  the  question  of  intent. 

38.  Misbranding — Prior  U.  S.  Statutes  . 

The  Act  of  August  14,  1876,  makes  the  counterfeiting 
of  a  registered  trademark  and  the  selling  or  offering  for 
sale  of  goods  hearing  a  fraudulent  trademark  an  offense 
punishable  by  fine  or  imprisonment.  The  Act  then  in  force 
providing  for  the  registration  of  trademarks  was,  in  1879, 
held  unconstitutional  by  the  Supreme  Court,  because  it  was 
not  limited  to  trademarks  used  in  interstate  or  foreign  com- 
merce, and  it  has  been  generally  considered  that  the  Act  of 
August  14,  1876,  became  obsolete  and  is  now  without  force 
or  effect.  While  Trademark  Registration  Acts  were  subse- 
quently adopted,  in  1881  and  in  1905,  there  has  been  up 
to  the  present  time  no  re-enactment  of  a  law  providing  for 
the  punishment  of  counterfeiting  trademarks.  The  Act  of 
July  I,  1902,  prohibits,  under  penalty,  the  introduction  into 
any  State,  or  Territory,  or  the  District  of  Columbia,  from 
any  other  State,  Territory,  or  the  District  of  Columbia, 
of  any  dairy  or  food  products  falsely  labeled  or  branded  as 
to  the  State  or  Territory  in  which  they  are  made,  produced 
or  grown.  The  marking  or  branding  of  oleomargarine, 
butterine,  renovated  butter,  filled  cheese,  mixed  flour  and  in 
certain  respects  of  distilled  and  fermented  liquors  are  regu- 


40  Misbrandin 


£>• 


lated  by  Statute,  and  the  misbranding  of  imported  foods  or 
drugs  is  prohibited  by  Statute.  But  the  present  Act  is  the 
first  Act  of  general  apphcation  to  all  food  and  drug  pro- 
ducts, whatever  their  origin,  which  prohibits  misbranding. 

39.  Misbranding — False  or  Misleading  Statement — 
Design  or  Device. 

The  first  paragraph  of  Section  8,'^"  applying  generally  to 
both  food  and  drug  products,  prohibits  the  use  on  the  pack- 
age or  label  of  anything  whatever  which  is  calculated  to 
deceive  or  mislead  a  possible  purchaser  as  to  the  character 
or  quality  of  the  article  to  which  it  is  applied,  or  as  to  the 
source  from  w^hich  it  is  derived.  A  purchaser  may  be  mis- 
lead by  pictorial  matter  as  much  as  by  direct  statement  in 
words,  and  may  be  as  much  deceived  by  omission  to  state 
facts  of  which  he  should  be  informed  as  by  absolutely  false 
statements.  Food  products  which  are  prepared  according 
to  usual  and  generally  understood  processes  and  in  which 
only  the  ordinary  preservatives  such  as  sugar,  vinegar,  salt, 
spices,  or  wood  smoke  are  used  need  no  statement  to  explain 
what  they  are  nor  is  any  explanation  needed  when  food  pro- 
ducts contain  only  the  color  natural  to  them.  But  in  the 
case  of  food  products  in  which  preservatives  not  commonly 
used  and  with  which  the  general  purchaser  is  not  likely  to 
be  familiar,  are  used,  or  in  which  artificial  colors  are  used, 
the  purchaser  has  a  right  to  know  what  preservatives  or 
colors  are  used,  and  omission  of  such  statement  as  to  pre- 
servatives or  colors  as  may  be  necessary  to  enable  him  to 
correctly  inform  himself  as  to  the  character  and  quality 
of  the  article  offered  him,  is  calculated  to  deceive  and  should 
not  be  permitted,  and  is  not  intended  to  be  permitted  by 
Section  8""  of  the  Act.  By  necessary  implication  the  first 
paragraph  of  this  Section  warrants  the  requirement  that  arti- 
ficial color  or  preservatives  other  than  those  usually  em- 
ployed shall  be  stated  on  the  label  and  wherever  material 
to  a  proper  understanding  of  the  character  and  quality  of 

«=Page  78.  . .  ,  -1 


False  or  Misleading  Statements.  41 

the  product,  the  quantity  or  proportion  of  such  color  or  pre- 
servative should  be  stated. 

It  is  not  usually  of  material  importance  to  the  purchaser 
that  he  be  informed  of  the  locality  of  origin  of  the  article 
offered  him  or  of  the  name  of  the  manufacturer.  A  stand- 
ard drug  product  or  medicinal  preparation  is  hardly  likely 
to  be  modified  in  character  by  climatic  or  other  local  condi- 
tions, or  by  a  particular  manufacturer,  and  the  same  is 
generally  true  of  food  products  and  it  is  not,  therefore, 
material  that  the  locality  of  origin  or  the  name  of  the  manu- 
facturer should  be  stated  on  the  label.  But  if  either  is 
stated  it  is  fairly  to  be  assumed  that  in  the  particular  case 
the  locality  of  origin  or  the  name  of  the  manufacturer  has 
a  distinct  bearing  upon  the  character  or  quality  of  the  pro- 
duct, and  if  stated  should  be  correctly  stated. 

Pictorial  matter  on  a  label  may  be  calculated  to  convey  a 
false  impression  as  to  the  character  or  quality  of  the  con- 
tents of  the  package  as,  for  instance,  if  pictures  of  honey 
bees  or  beehives  are  placed  upon  packages  containing  imita- 
tion or  adulterated  honey,  or  if  pictures  of  maple  leaves 
or  maple  sugar  camps  are  placed  upon  syrups  or  sugars 
which  are  not  pure  maple,  or  if  pictures  of  coffee  plants  or 
coffee  plantations  are  placed  on  preparations  that  are  not 
pure  coft'ee.  All  such  pictorial  representations,  designs  or 
devices  are  clearly  prohibited  under  this  paragraph  of  Sec- 
tion 8."-' 

With  regard  to  drugs,  particularly  proprietary  remedies, 
the  rulings  of  the  Department  of  Agriculture  are  likely  to 
be  strict  as  to  what  constitutes  a  false  or  misleading  state- 
ment as  to  the  quality.  A  statement  on  a  package  or  label 
that  the  preparation  is  a  "cure"  for  the  disease  for  the 
treatment  of  which  it  is  offered,  is  more  than  likely  to  be 
considered  misbranding,  particularly  if  the  diseases  which 
the  preparation  is  stated  to  "cure"  are  generally  considered 
to  be  incurable.  The  use  of  the  words  "Remedy  for"  in- 
stead of  "cure"  is  understood  to  be  permissible. 

"^Page  78. 


42  Misbranding. 

Statements  on  packages  or  labels  which  assert  for  the 
preparation  curative  properties  beyond  what  is  warranted  by- 
actual  fact  are  likely  to  be  deemed  false  and  misleading. 

40.  Misbranding — Trademarks  . 

The  fact  that  a  design  or  device  used  on  a  package  or 
label  has  been  registered  as  a  trademark  is  not  sufficient 
to  warrant  its  use  in  any  manner  which  is  calculated  to 
deceive.  It  is  well  settled  by  numerous  decisions  that  the 
courts  will  not  protect  trademarks  or  labels,  whether  regis- 
tered or  not,  which  are  deceptive  as  to  the  character  or 
quality  of  the  goods  on  which  they  are  used. 

The  language  of  this  paragraph  is  clearly  capable  of  being 
construed  to  prohibit  the  use  on  a  package  or  label  of  a 
"design"  or  "device"  which  is  a  counterfeit,  copy  or  color- 
able imitation  of  a  trademark  which  is  recognized  in  the 
trade  as  distinguishing  the  goods  of  another  manufacturer 
or  dealer.  The  importance  to  the  public  of  prohibiting 
a  dishonest  manufacturer  or  dealer  from  passing  off  his 
goods,  probably  inferior,  as  goods  which  are  well  know'n 
to  be  of  superior  character  or  quality,  by  so  marking  them' 
that  the  purchaser  will  be  deceived,  is  not  less  than  the 
importance  of  prohibiting  the  use  of  false  indications  of 
origin 

41.  Misbranding — Name    of    Manufacturer — Ficti- 
tious Names. 

The  name  of  the  manufacturer  need  not  be  stated  on  the 
label.  If  stated  at  all  it  must  be  correctly  stated.  If  the 
name  of  any  person,  firm,  or  corporation  not  actually  the 
manufacturer  appears  on  a  label  without  words  indicating 
that  such  name  is  not  to  be  understood  as  the  name  of  the 
manufacturer,  the  goods  may  be  held  to  be  misbranded.  The 
name  of  the  wholesaler,  jobber,  agent,  importer,  distributor 
or  retailer  may  appear  on  the  label,  provided  it  is  accom- 
panied by  words  like  "packed  for,"  "distributed  by,"  "im- 
porter," "agent,"  which  will  indicate  that  the  name  which 


Fictitious  Names.  43"<. 

appears  is  not  to  be  understood  as  purporting  to  be  the 
name  of  the  manufacturer.  There  is  nothing  in  the  Act 
which  is  intended  to  restrict  the  use  of  private  brands  or 
to  require  the  name  of  the  actual  manufacturer  or  packer  to 
appear  on  the  label  provided  the  name  of  the  owner  of  the 
private  brand,  who  is  not  the  manufacturer  or  packer,  is 
not  so  used  as  to  falsely  indicate  that  he  is  the  manufacturer 
or  packer. 

While,  as  regards  the  name  of  the  manufacturer,  the  Act 
does  not  expressly  prohibit  the  use  of  fictitious  names  on 
labels,  and  while  fictitious  names  are  not  expressly  men- 
tioned in  the  Rules  and  Regulations,  there  is  no  doubt  that 
the  Department  of  Agriculture  will  construe  the  language 
of  the  Act  to  prohibit  the  use,  on  foods  or  drugs,  of  any 
fictitious  name  which  purports  to  be  the  name  of  the  manu- 
facturer. 

The  language  of  the  Act  is  clearly  capable  of  this  con- 
struction and  there  is  no  doubt  that  in  case  of  certain  food 
products,  particularly  olive  oil,  fictitious  names  and  false 
indications  of  origin  have  been  used  to  pass  off  upon  the 
public  inferior  goods.  It  is  not  clear  that  the  use  of  ficti- 
tious names  by  packers  of  canned  goods  in  this  countiy  to 
indicate  a  grade  of  their  goods  inferior  to  the  goods  put 
out  under  their  proper  names,  has  actually  deceived  the  pub- 
lic. But  whether  actually  deceptive  or  not,  it  is  clear  that 
the  use  of  fictitious  names  on  any  food  or  drug  products  will 
not  be  permitted,  and,  as  it  is  probable  that  the  Department 
of  Agriculture  would  be  sustained  in  its  position  by  the 
courts,  it  is  advisable  that  the  use  of  fictitious  names  on  food 
or  drug  products  should  be  discontinued. 

It  should,  however,  be  understood  that  a  name  which  a 
manufacturer  or  packer  has  the  right  to  use  as  successor 
or  assignee  is  not  to  be  considered  a  fictitious  name. 

42.    Ml.SBRANDING FaLSE   INDICATION   OF  ORIGIN. 

There  is  nothing  in  the  Act  which  requires  the  name 
of  the  State,  Territory  or  country  in  which  an  article  of 


44  Misbranding. 

food  or  drug  is  manufactured  or  produced,  to  be  stated  on 
the  package  or  on  the  label,  except  in  case  of  mixtures 
or  compounds  having  a  distinctive  name.  If  stated,  the 
name  of  the  State,  Territory  or  country  is  required  to  be 
correctly  stated.  In  many  foreign  countries  certain  local- 
ities have  become  noted  for  the  production  of  certain  food 
products  which  are  peculiarly  dependent  for  their  character 
upon  the  character  of  the  soil  or  climatic  conditions,  and 
the  same  is  true  of  certain  localities  in  the  United  States. 
Many  of  the  States  are  noted  in  the  matter  of  food  products 
for  some  one  or  more  products  which,  while  perhaps  capable 
of  being  produced  in  other  States,  are  at  their  best  in  that 
State.  Vermont  Maple  Syrup,  Maine  Canned  Corn,  New 
York  Canned  Fruits,  Delaware  Peaches,  Baltimore  Oysters, 
Cape  Cod  Cranberries,  Smithfield  Hams,  Kentucky  Whis- 
key, Elgin  Butter,  Indian  River  Oranges,  are  all  food  pro- 
ducts which  by  reason  of  the  efforts  of  the  producers  in 
the  localities  indicated  are  generally  recognized  on  the 
market  as  distinctive  products  commanding  the  higher 
prices.  In  the  wine  producing  countries  of  Europe  names 
of  certain  localities  like  Champagne,  Cognac,  Burgundy, 
Port.  Tokay,  Moselle  and  others,  applied  to  products  charac- 
teristic of  the  particular  locality,  indicate,  when  properly 
used,  products  which  are  of  the  highest  excellence  and  com- 
mand the  highest  prices.  So  also  Java  or  Mocha  for  coffee. 
Such  geographical  names  are  in  the  nature  of  trademarks 
differing  from  trademarks  in  the  ordinary  sense  in  that 
the  right  to  use  them  belongs  not  to  an  individual  but  to 
the  producers  located  within  a  certain  region.  By  students 
of  trademark  law  they  are  termed  "Regional  Marks"  or 
"Collective  Marks,"  and  in  many  foreign  countries  their 
use  is  protected  by  law  as  strictly  as  is  the  use  of  individual 
trademarks,  such  protection  being  afforded  both  as  a  protec- 
tion to  the  public  against  deception  and  as  a  protection  of  a 
recognized  property  right  in  the  mark.  The  protection  of 
these  regional  marks,  collective  marks  or  indications  of 
origin  as  they  are  variously  termed  has  been  frequently  the 


False  Indication  of  Origin.  45 

subject  of  treaty  arrangements  between  foreign  countries. 
France,  Great  Britain,  Portugal,  Spain,  Switzerland,  Brazil 
and  Tunis  are  parties  to  an  agreement  concluded  at  Madrid 
April  14,  1891,  having  for  its  express  purpose  the  sup- 
pression of  false  indications  of  origin. 

On  account  of  the  fact  that  certain  geographical  names 
used  by  the  producers  within  certain  regions  to  indicate  the 
origin  of  their  products  have  been  so  extensively  used  by 
imitators  that  they  are,  sometimes  at  least,  understood  as 
indicating  a  type  or  style  of  product  without  regard  to  its 
sourte,  it  is  provided  in  paragraph  (c)  of  Regulation  19*'* 
that  the  use  of  such  geographical  names  will  not  be  deemed 
misbranding  if  the  State  or  Territory  where  the  article  is 
produced  is  stated,  and  if  the  geographical  name  is  used 
to  indicate  style,  type  or  brand.  "Tokay  style,  California," 
"Champagne  style,  New  York,"  or  like  markings  will  prob- 
ably be  permitted  in  cases  of  wines  which  resemble  the  genu- 
ine Tokay  or  the  genuine  Champagne. 

Where  a  geographical  name  indicates  locality  of  origin 
only,  and  is  not  understood  as  indicating  a  type  or  style, 
its  use  on  an  article  of  food  or  drug  not  produced  in  the 
region  indicated  will  be  misbranding.  The  name  Java  on 
coffee  will  no  doubt  be  deemed  a  misbranding  if  used  upon 
Brazilian  coffee  or  on  any  coffee  not  imported  from  Java 
or  at  least  from  the  region  in  which  Java  is  located. 

Geographical  names  which  do  not  indicate  the  origin  of 
the  product  to  which  they  are  applied  but  are  used  merely 
as  indicating  a  species  or  variety,  such  names  for  instance 
as  Delaware  grapes,  Concord  grapes,  and  the  like,  are  prop- 
erly used  when  applied  to  the  products  known  by  these 
names  wherever  grown  or  produced. 

The  wording  of  the  first  paragraph  of  Section  S"'"'  would 
seem  to  require  a  manufacturer  or  packer  having  plants 
located  in  several  States  and  using  on  his  labels  the  address 
of  his  main  office,  to  indicate  on  goods  packed  in  a  State 

••Page  93.  "Page  78. 


46  Misbranding. 

other  than  in  which  his  main  office  is  located,  the  name  of 
the  State  in  which  they  were  actuahy  manufactured  or 
packed.  It  is  clear  from  paragraph  (b)  of  Regulation  18^^ 
that  such  requirement  may  be  made  if  deemed  necessary  by 
the  Secretary  of  Agriculture  to  prevent  deception.  The  en- 
forcement of  such  a  requirement  generally  is  probably  unnec- 
essary and  it  is  not  likely  to  be  enforced,  unless  its  non- 
enforcement  is  taken  advantage  of  to  actually  deceive  the 
public. 

43.  Misbranding — General  Requirements  as  to  Label 
— Articles  Without  a  Label: 

There  is  nothing  in  the  Act  which  requires  food  or  drug 
products  to  be  branded  or  labeled  unless  they  contain  cer- 
tain specified  substances  or  are  otherwise  of  a  character 
which  would  render  them  liable  to  be  prohibited  as  adul- 
terated without  some  statement  of  character  or  quality.  But 
the  omission  of  a  label  or  brand  will  not  avoid  liability  under 
the  Act  if  the  article  without  a  label  sold  or  offered 
for  sale  is  an  imitation  of  or  is  offered  for  sale  under  the 
name  of  another  article.  Regulation  22,^^  which  expressly 
prohibits  selling  or  offering  for  sale  an  unlabeled  article 
.of  food  or  drug,  if  an  imitation  of  or  sold  under  the  name  of 
another  article,  is  clearly  warranted  by  the  provisions  of 
Section  8.'' 

There  is  nothing  in  the  Act  which  requires  the  name  of 
the  article  to  be  placed  on  the  label  or  on  the  package,  but 
if  a  name  is  used  it  must  be  the  true  name.  If  a  drug  which 
^"s  recognized  by  name  in  the  U.  S.  Pharmacopoeia  or  Na- 
tional Formulary  it  must,  if  it  bear  any  name,  bear  the 
name  thus  recognized.  The  common  English  name  may 
be  used  if  preferred.  For  instance,  Magnesium  Sulphate 
may  be  labeled  Epsom  Salts.  A  food  product  if  it  is  com- 
monly known  to  the  trade  must,  if  it  bear  any  name,  bear 
the  name  by  which  it  is  commonly  known. 

"Page  92.  "Page  94.  *'Page  78. 


Form  of  Label.  47 

The  label  need  not  bear  the  name  of  the  manufacturer 
or  the  name  of  the  locality  in  which  it  was  produced  except 
in  certain  cases  specifically  provided  for  in  the  Act,  but  if 
■either  is  used  it  must  be  the  correct  name. 

.44.  Misbranding — Form  of  Label  : 

With  regard  to  the  form  or  character  and  appearance  of 
the  label  upon  food  and  drug  products  not  specifically  pro- 
vided for  in  the  Act  no  requirement  is  made.  So  far  as 
paragraph  (b)  of  Regulation  17"*  seems  to  require  a  partic- 
ular arrangement  of  the  matter  on  the  label  on  food  and 
drug  products  not  specifically  provided  for  in  subsequent 
paragraphs  of  this  Section,  it  is  to  be  taken,  in  view  of 
decisions  of  the  Secretary  of  Agriculture,  F.  L  D.  52,"''  Jan- 
uary 18,  1907,  as  suggestive  rather  than  directory. 

The  labels  now  in  use  on  canned  goods  and  most  other 
food  products  which  are  put  up  in  packages  may  continue 
to  be  used  without  change  provided  they  contain  no  false 
or  misleading  statement,  design  or  device.  The  same  is 
true  of  the  labels  now  in  use  on  the  drugs  which  are  sold 
under  names  recognized  in  the  Pharmacopoeia  or  National 
Formulary.  Such  articles,  both  of  foods  and  drugs,  are 
generally  free  from  adulteration  and  contain  no  objection- 
able color  or  preservative  and  do  not  bear  any  false  state- 
ment as  to  who  manufactured  them  or  where  they  were 
manufactured. 

45.     Misbranding — Drugs  . 

The  first  paragraph  under  "drugs"  in  Section  8^°  provides 
that  an  article  shall  be  deemed  misbranded  if  it  be  an  imita- 
tion of  another  article  or  offered  for  sale  under  the  name 
■of  another  article.     The  prohibition  is  clear  and  definite. 

No  drug  which  is  labeled  as  being  other  than  it  really  is 
will  be  permitted  to  be  passed  off  upon  the  public  so  far 
as  the  Government  has  the  constitutional  power  to  pre- 

"Page  90.  "Page    ii6.  '"Page    78. 


48  ^lisbrancHng. 

vent.  It  does  not  appear  that  an  imitation  of  a  drug  is  per- 
mitted even  if  plainly  stated  to  be  an  imitation.  So  far 
as  drugs,  in  the  ordinary  sense,  that  is  simple  or  com- 
pounded drugs,  are  concerned  there  can  be  no  such  thing 
as  an  imitation.  An  article  either  is  or  is  not  the  drug 
which  it  purports  to  be.  As  regards  medicines  in  the  or- 
dinary sense,  that  is  compounded  drugs,  there  would  seem 
to  be  no  reason  for  permitting  imitations  even  if  plainly 
stated  to  be  such. 

The  name  applied  to  a  drug  must  be  the  name  under 
which  it  is  recognized  in  the  Pharmacopoeia  or  National 
Formulary,  or  if  recognized  under  two  names  as  for  instance 
— Epsom  Salts  and  Magesium  Sulphate — either  may  be 
used.  If  not  recognized  in  the  Pharmacopoeia  or  National 
Formulary  the  name  must  be  the  trade  designation  applied 
to  the  article.  A  drug  or  an  article  purporting  to  be  a  drug 
will  not  be  permitted  to  be  passed  off  upon  the  public  as 
being-  a  drug  named  in  the  Pharmacopoeia  or  National 
Formulary  when  it  is  not,  or  as  a  drug  known  in  the  trade 
under  a  certain  name  or  trade  description  when  it  is  not 
what  it  purports  to  be. 

It  would  seem  also  that  a  preparation  purporting  to  be  a 
medicinal  preparation  known  to  the  trade  under  a  distinc- 
tive trademark  should  be  deemed  to  be  misbranded  if  the 
package  or  label  bears  any  imitation  of  such  distinctive 
trademark. 

46.     Misbranding — Drugs — Refilling. 

The  first  part  of  the  second  paragraph  under  "drugs"  in 
Section  8^^  prohibits  the  refilling  of  packages  from  which 
the  original  contents  have  been  removed  either  wholly  or  in 
part.  This  is,  of  course,  to  be  understood  as  meaning  re- 
filling for  purposes  of  sale  and  not  to  prohibit  any  use  to 
which  a  bottle  or  carton  might  be  put  after  its  original  con- 
tents have  been  removed  and  the  label  or  brand  removed  or 
destroyed. 

"Page   78. 


Substances  Required  to  be  Named.  49 

So  far  as  concerns  the  District  of  Columbia  and  the 
Territories  it  is  not  material  whether  a  refilled  package  is 
to  be  considered  an  original  unbroken  package  or  not,  as 
in  either  case  the  refilling  is  a  violation  of  the  provisions  of 
the  Act.  So  far  as  concerns  the  States  it  is  doubtful  whether 
the  refilling  of  an  original  package  and  delivering  it  or 
ofifering  to  deliver  it  to  another  person,  within  the  State  in 
wdiich  the  package  was  refilled,  can  be  punished  under  the 
Act.  It  would  seem  that  in  such  case  the  refilling  would  be 
a  matter  to  be  dealt  wnth  under  the  laws  of  the  State  in 
which  the  package  was  refilled.  If  the  refilled  package  is 
shipped  out  of  the  State  in  which  it  was  refilled,  it  may  prob- 
ably be  treated  as  an  original  unbroken  package. 

47.    Misbranding — Drugs — Substances  Required  to  Be 

Named. 

In  the  requirement  contained  in  the  second  paragraph 
under  "drugs"  in  Section  8"  that  the  cjuantity  or  proportion 
of  alcohol  or  other  substances  named  in  this  paragraph  or 
any  derivative  or  preparation  of  any  such  substances,  con- 
tained in  any  drug  shall  be  stated  on  the  label,  the  term 
"drug"  is  used  in  the  broad  sense  to  include  all  medicines 
and  drug  preparations  whether  recognized  by  name  in  the 
Pharmacopoeia  or  National  Formulary  or  not.  The  re- 
quirement is  undoubtedly  intended  to  apply  particularly  to> 
the  so-called  "Patent"  medicines  or  proprietary  remedies. 

The  requirement  applies  to  veterinary  medicines  and  stock- 
foods  as  well  as  to  all  preparations  having  or  purporting  tci 
have  medicinal  properties  for  either  external  or  internal  use 
for  the  treatment  or  prevention  of  disease  in  man  or  any  liv- 
ing creature. 

The  requirement  applies  to  physicians'  prescriptions  if 
compounded  in  the  District  of  Columbia  or  in  a  Territory 
whether  shipped  out  of  the  District  or  Territory  or  not,  and 
also  to  physicians'  prescriptions  compounded  in  a  State  and 
shipped  out  of  the  State." 

"Page  78.  "F.  I.  D.  57,  Page  122. 


50  Misbranding. 

The  requirement,  so  far  as  concerns  alcohol,  does  not 
apply  to  flavoring  extracts,  these  being  classed  as  foods.'* 

The  substances  required  to  be  mentioned  on  the  label  are 
named  in  the  second  paragraph^^  of  this  Section  of  the  Act. 
The  derivatives  or  preparations  of  the  substances  named  in 
the  Act  are  stated  in  paragraph  (f)  of  Regulation  28.^'' 

48.    Misbranding — Drugs — Statement  of  Quantity  or 
Proportion  . 

The  quantity  or  proportion  of  the  substances  required  to 
be  named  on  the  label  is  the  quantity  or  proportion  contained 
in  the  finished  product.  Any  substance  used  in  the  prepara- 
tion of  a  drug  or  medicine  which  is  eliminated  in  the  pro- 
cess of  preparation  need  not  be  mentioned  on  the  label." 
It  is  the  finished  product  only  from  which  samples  or  speci- 
mens can  be  taken  for  analysis  by  the  Department  of  Agri- 
culture, and  the  proceedings  under  the  Act  can  be  based 
only  upon  the  analysis  or  examination  of  such  samples 
or  specimens. 

If  a  substance  named  in  the  Act  or  a  derivative  of  such 
substance  is  present  in  the  finished  product  only  as  a  mere 
trace,  it  probably  need  not'  be  mentioned  on  the  label.  If 
present  in  any  material  proportion  or  any  quantity  sufficient 
to  enable  its  presence  to  be  determined  with  certainty  by 
analysis  or  examination,  it  must  be  mentioned  on  the  label. 

Under  Regulation  30,^^  the  quantity  or  proportion  in  case 
of  alcohol  must  be  stated  by  percentage  of  volume  in  the 
finished  product,  while  in  case  of  any  of  the  other  substances 
required  to  be  named  the  quantity  or  proportion  must  be 
stated  in  grains  or  minims  per  fluid  ounce  or  miligrams  per 
gram  or  per  cubic  centimeter  or  grams  or  cubic  centimeters 
per  kilogram  or  per  liter.  The  Regulation  seems  to  require, 
even  in  case  of  medicines  put  up  in  tablets,  powders,  or  cap- 
sules, that  the  quantity  or  proportion  be  stated  in  grains 
or  minims  per  ounce  (or  as  specified  if  the  metric  system 

"F.  I.  D.  47,  Page  113.  '••Pac;e  78.  "Page  97. 

"Page  88  ''Page  98. 


Quantity  or  Proportion.  51 

is  used).  It  would  convey  to  the  purchaser  the  information 
required  to  be  given  by  the  Act  if,  in  the  case  of  medicines 
put  up  in  such  form,  the  quantity  of  the  substance  required 
to  be  named  contained  in  each  powder,  tablet  or  capsule 
should  be  stated.  Such  statement  of  quantity  would  seem 
to  be  both  within  the  spirit  and  the  letter  of  the  Act  and  it 
is  not  probable  that  medicines  put  up  in  such  forms  will  be 
deemed  misbranded,  if  the  label  states  correctly  the  quantity 
of  the  substances  required  to  be  named  which  is  contained 
in  each  tablet,  powder  or  capsule. 

The  quantity  or  proportion  required  to  be  named  should 
be  stated  as  correctly  as  possible,  but  should  not  be  under- 
stated."^ Reasonable  variation  from  the  stated  quantity  or 
proportion  is  permissible  provided  the  average  quantity  or 
proportion  is  correctly  stated.^® 

49.  IMlSBRANDING DrUGS.      AlCOHOL WoOD  AlCOHOL. 

Grain  or  ethyl  alcohol  is  the  only  alcohol  required  to  be 
named  on  the  label. ^° 

Wood  alcohol  or  other  substances  chemically  known  as 
alcohols,  such  as  fusel  oil,  if  present,  need  not  be  named  on 
the  label. 

Under  paragraph  (a)  of  Regulation  28,"  the  use  of  wood 
alcohol  or  any  alcohol  other  than  grain  or  ethyl  alcohol  is 
not  permissible  in  the  manufacture  of  drugs  except  as  speci- 
fied in  the  Pharmacopoeia.  Under  this  Regulation  the  use 
of  wood  alcohol,  or  denatured  alcohol  in  hair  tonics,  lini- 
ments or  other  preparations  for  external  or  internal  use,  is 
prohibited. 

50.  Misbranding — Drugs — Form     of    Statement    of 
Substances  Required  to  be  Named. 

Under  paragraph  (b)  of  Regulation  28,^-  the  names  of 
the  substances  required  to  be  named,  and  the  quantity  or 
proportion  is   required  to  be  printed  in  type  not  smaller 

"Page  96.  ''Page  96.  "Page  96.  "Page  96. 


52  Misbranding. 

that  8  point  (brevier)  caps,  unless  the  package  is  so  small 
as  not  to  permit  the  use  of  such  type,  in  which  case  a  smaller 
type  may  be  used. 

Under  paragraph  (b)  of  Regulation  17*^  the  names  of  the 
substances  required  to  be  named  must  appear  upon  the  prin- 
cipal label  without  intervening  descriptive  or  explanatory 
reading  matter,  that  is.  immediately  following  the  name  of 
the  drug  product.  In  view  of  Decision  of  the  Secretary  of 
Agriculture  No.  52,^*  January  18,  1907,  it  would  seem  that 
this  arrangement  is  suggested  and  desired  rather  than  in- 
sisted upon.  Statements  of  the  reason  for  using  alcohol  or 
other  substance  required  to  be  named  should  be  clearly 
separated  from  the  statement  of  the  substances  required  to  be 
named  and  their  quantities  or  proportions. 

In  stating  on  the  label  the  quantity  or  proportion  of  the 
substances  required  to  be  named,  the  names  by  which  these 
substances  are  designated  in  the  Act  should  be  used.*^  The 
Department  of  Agriculture  considers  it  desirable  that  when 
preparations  of  the  substances  required  to  be  named  are 
used,  the  word  or  words  used  in  the  Act  should  constitute 
the  first  part  of  the  name  of  the  product.  For  instance, 
"Opium,  Tincture  of  or  "Cannabis  Indica,  Extract  of" 
should  be  used  instead  of  "Tincture  of  Opium,"  or  "Ex- 
tract of  Cannabis  Indica." 

It  seems  clear  from  the  decisions  so  far  given  out  by  the 
Department  of  Agriculture  that  the  Act  will  be  construed 
to  require  that  the  substances  required  to  be  named  must  be 
distinguished  by  their  usual  and  commonly  understood 
names.***'  It  is  apparent  that  the  Department  construes  the 
Act  to  require  that  the  information  as  to  substances  contain- 
ed in  medicinal  preparations  should  be  given  in  language 
which  will  be  readily  understood  by  the  purchasing  public. 
The  use  of  a  chemical  foimula  or  a  chemical  name  to  des- 
ignate a  substance  which  has  a  name  under  which  it  is  gen- 
erally known  to  the  public,  is  not  considered  by  the  Depart- 
ment to  be  a  compliance  with  the  requirements  of  the  Act. 

"Page  90.  "^Page  ii6.  *=F.  I.  D.  55,  Page  119.     "F.  I.  D.  56,  Page  120. 


Formula.  53 

51.  jMisbrandixg  —  Drugs  —  Supplemental   Label, 
Stamp  or  Paster. 

Under  paragraph  (i)  of  Regulation  17^'  labels  now  on 
hand  may  be  used  without  change  until  October  i,  1907, 
provided  that  any  statement  thereon  as  to  the  character  of 
the  contents  contrary  to  the  provisions  of  the  Act,  is  cor- 
rected by  a  supplemental  label,  stamp  or  paster. 

\A'hile  not  expressly  so  stated  it  is  probable  that  such  sup- 
plemental label,  stamp  or  paster  will  be  required  to  conform 
in  size  of  type  used  with  the  regulations  respecting  the  prin- 
cipal label. 

52.  Misbranding — Drugs — Formula. 

The  Act  does  not  require  the  formula  of  any  drug  pro- 
duct, medicine  or  proprietary  remedy  to  be  stated  on  the 
label.  A  statement  of  the  formula  on  the  label  will  not  be 
considered  to  be  the  equivalent  of  the  statement  as  to  the 
substances  required  to  be  named,  and,  as  definitely  stated  in 
Decision  of  the  Secretary  of  Agriculture  No.  53,^^  January 
28,  1907,  all  drug  products  and  their  labels  must  conform  to 
the  Act  whether  the  formula  is  or  is  not  given  on  the  label.®* 
The  formula,  if  given,  must  be  correctly  stated ;  otherwise  it 
will  be  considered  a  false  or  misleading  statement. 

53.     Misbranding — Foods — Imitations  . 

The  first  paragraph  under  "food"  in  Section  8^"  prohibits 
the  sale  of  an  imitation  of  another  article.  So  far  as  con- 
cerns imitations  of  food  products  which  are  known  by  a  dis- 
tinctive name  which  is  the  property  of  another,  such  as  cer- 
tain arbitrary  or  fanciful  names  used  as  trademarks,  this  pro- 
hibition is  absolute.  So  far  as  concerns  imitations  of  food 
products  known  under  general  names  such  as  coffee,  maple 
syrup,  chocolate  creams,  vanilla  extract  and  whiskey,  the 
prohibition  is  modified  by  the  provision  in  a  succeeding  par- 
agraph of  this  Section,  which  permits  such  imitations  to  be 

•'Page  91.  *»F.  L  D.  53,  Page  118.  "Page  78. 


54  Misbranding. 

sold,  provided  they  are  labeled,  branded  or  tagged  so  as  to 
plainly  indicate  that  they  are  imitations. 

54.     Misbranding — Foods — Distinctive  Names. 

"Distinctive  name"  in  this  paragraph  means  the  trade 
description  by  which  an  article  is  known  to  the  public.  It 
includes  a  generic  name  by  which  an  article  is  known  such 
as  Coffee,  Flour,  Tea,  Sugar,  Vanilla  and  Chocolate  and  also 
includes  arbitrary  or  fanciful  names  applied  by  an  individual 
manufacturer  to  the  particular  goods  which  he  puts  upon 
the  market,  in  other  words  trademark  names.  This  para- 
graph clearly  prohibits  the  use  upon  any  article  of  food  of 
the  name  "Coffee"  if  the  article  is  not  coffee,  or  "Maple 
Syrup"  if  the  article  is  not  maple  syrup,  or  "Olive  Oil"  if 
it  is  not  olive  oil,  and  also  clearly  prohibits  the  use  upon 
a  package  of  coffee  of  a  name  which  indicates  that  is  is 
coffee  of  a  particular  known  brand,  if  it  is  not  of  that  brand. 

Under  jjaragraph  (d)  of  Regulation  19^^  the  use  of  a 
foreign  name  which  is  recognized  as  distinctive  of  a  pro- 
duct of  a  foreign  country  is  prohibited  upon  an  article  of 
domestic  origin  except  as  an  indication  of  the  type  or  style 
of  quality  or  manufacture,  and  then  only  when  so  qualified 
that  it  cannot  be  offered  for  sale  under  the  name  of  a  foreign 
article.  This  applies  directly  to  the  labeling  of  domestic 
cheese  as  "Roquefort,"  "Camembert,"  "Stilton,"  as  well 
as  to  other  articles  of  food,  wines  or  liquors  which  are  sold 
under  foreign  names  which  are  understood  by  the  public  to 
designate  a  distinctively  foreign  product.  Domestic  cheese 
which  is  properly  described  as  of  the  type  or  style  of  Roque- 
fort cheese  may  be  labeled  as  "Roquefort  type,"  or  "Roque- 
fort style,"  but  if  so  labeled  the  word  "type"  or  "style"  will 
be  required  to  be  plainly  printed  in  type  sufficiently  large  to 
prevent  its  being  overlooked  by  the  purchaser. 

^Page  78.  "'Page  93. 


Refilling  Packages.  55 

55.  MiSBRANDixc — Foods — Waste  Materials. 

There  is  nothing  in  the  Act  which  prohibits  the  selling 
or  offering  for  sale  of  any  product  which  has  any  food  value 
whatever,  provided  it  is  not  made  of  materials  which  are 
unfit  for  food  and  contains  no  added  substance  which  is 
considered  to  be  deleterious,  and  provided  it  is  not  misrep- 
resented either  by  statements  on  the  labels  or  otherwise. 
Inferior  fruit  or  other  food  material,  trimmings,  pieces, 
stems  or  the  like,  may  be  entirely  wholesome  and  there  is 
no  doubt  a  demand  for  such  products  from  those  who  can- 
not pay  for  the  standard  quality  of  goods,  but  it  is  im- 
portant that  such  goods  should  not  be  passed  off  as  better 
than  they  really  are.  It  is  therefore  required  under  Reg- 
ulation 26®^  that  such  goods  be  marked  "pieces,"  "stems," 
"trimmings,"  or  by  some  similar  appellation. 

56.  Misbranding  —  Foods  —  Deceptive    Labeling   or 
Branding — Refilling. 

The  first  part  of  the  second  paragraph  under  "food"  in 
Section  8,^^  taken  with  the  first  paragraph  under  "foods" 
and  the  introductory  paragraph  of  the  Section,  would  seem 
to  cover  every  possible  case  of  so  marking  or  labeling  food 
products  as  to  deceive  the  public  as  to  their  character,  qual- 
ity, or  origin.  This  second  paragraph  specifically  prohibits 
so  marking  the  article  of  food  as  to  indicate  that  it  is  a  for- 
eign product  when  it  is  not.  A  label  in  a  foreign  language, 
a  foreign  name  as  the  manufacturer's  or  producer's  name  or 
the  name  of  a  foreign  locality  as  the  locality  of  origin,  if 
used  upon  food  products  of  domestic  origin  in  such  a  way 
as  to  cause  a  purchaser  to  believe  it  to  be  of  foreign  origin, 
would  clearly  be  a  violation  of  the  provisions  of  the  Act. 
There  is  nothing  in  the  Act  which  prohibits  the  use  of  a 
label  in  a  language  other  than  English  additional  to  a 
principal  label  in  English,  when  used  on  products  sold  or 
offered  for  sale  in  localities  in  which  a  language  other  than 

»*Page  95.  »3Page   78. 


56  Misbranding. 

English  is  extensively  used.  Under  paragraph  (c)  of  Regu- 
lation I/***  a  foreign  label  appears  to  be  expressly  permitted 
in  the  language  of  the  country  where  the  drug  or  food  is 
produced  or  manufactured. 

The  first  part  of  the  second  paragraph  under  "food"  also 
prohibits  the  refilling  of  packages  the  original  contents  of 
which  have  been  removed  in  whole  or  in  part.  This  applies 
only  to  the  refilling  of  packages  which  still  retain  their  orig- 
inal labels  or  brands,  for  the  purpose  of  passing  off  the  re- 
filled packages  as  original  packages.  It  would  be  a  viola- 
tion of  the  provisions  of  this  paragraph,  in  the  District  of 
Columbia  or  in  the  Territories,  for  a  retail  dealer  in  liquors 
or  a  bartender  to  refill,  in  whole  or  in  part,  a  whiskey  bottle 
bearing  a  distinctive  label  or  brand. 

57.  Misbranding — Foods — Substances  Required  to  Be 

Named. 

Alcohol,  if  present  in  any  food  product,  need  not  be 
named  on  the  label. '^^  If  present  in  a  drug  or  medicinal 
preparation,  it  must  be  named. ^*'  With  the  exception  of  alco- 
hol all  of  the  substances  required  to  be  named  if  present  in 
drugs  or  medicinal  preparations,  are  required  to  be  named 
if  present  in  food  products.^"  The  Regulations  with  respect 
to  the  statement  of  these  substances  and  their  quantities  or 
properties  are  the  same  in  case  of  foods  as  in  case  of  drugs. 
( See  pages  50  and  51). 

It  would  not  seem  that  morphine,  opium,  etc.,  have  any 
legitimate  place  in  food  products,  and  that  any  product  con- 
taining any  of  these  substances  should  be  treated  as  a  drug, 
not  a  food. 

58.  Misbranding — Foods — Weights  and  Measures. 

The  third  paragraph  under  "food,"  in  Section  8°^  is  not 
to  be  understood  as  requiring  weight  or  measure  to  be  stated 
on  a  package,  but  it  does  require  tiiat  if  stated  the  weight  or 

"Paste  91.  °'F.  I.  D.  47,  Page  113:   F.   I.   D.   52,   Page   116. 

""Sec.  8,  Page  78.  "'Sec.  8,  Page  78.  ^'Page  78. 


Compounds.  57 

measure  must  be  stated  correctly.  Under  Regulation  29''^ 
reasonable  variation  from  the  stated  weight  for  individual 
packages  is  permitted  both  as  regards  variations  due  to 
filling  and  weighing,  and  as  regards  charges  due  to  evapo- 
ration or  absorption  of  moisture. 

59.     Misbranding — Foods — Mixtures     of     Compounds 
Under  Distinctive  Names  . 

The  first  part  of  the  fourth  paragraph  of  Section  8^°'' 
covers  the  same  ground  that  is  already  covered  by  the  intro- 
ductory paragraph  of  this  Section.  The  prohibition  seems 
to  be  here  repeated  in  order  to  lead  up  to  the  exceptions 
which  follow  it. 

"Mixture"  or  "Compound,"  the  two  words  being  sub- 
stantially identical  in  meaning,^"^  is  construed  to  mean  the 
result  of  putting  together  two  or  more  food  products.  A 
mixture  of  mineral  or  inert  substances  having  no  food 
value  is  not  a  mixture  which  is  permitted  under  the  Act. 
In  fact  such  a  mixture  is  expressly  prohibited  by  Section 
7.^°'  Mixtures  or  compounds  of  two  or  more  food  pro- 
ducts are  not  required  to  be  marked  with  the  names  of  the 
ingredients,  or  even  to  be  labeled  with  the  word  "mixture" 
or  "compound"  if  the  mixture  or  compound  is  now  or  may 
be  hereafter  known  as  an  article  of  food  under  a  distinctive 
name,  "distinctive  name"  meaning  either  a  trade  description 
commonly  employed,  or  the  name  applied  to  a  proprietary 
food,  but  in  such  case  it  is  required  that  the  label  bear  a 
statement  of  the  place  where  the  article  was  manufactured 
or  produced. ^°^ 

A  mixture  or  compound  not  known  under  a  distinctive 
name  must  be  labeled,  branded  or  tagged  with  the  word 
"niixture"  or  "compound."  Under  the  rulings  of  the  Secre- 
tary of  Agriculture  it  appears  that  in  such  cases  the  word 
"mixture"  or  "compound"  must  stand  alone  and  without 
qualification.^'^* 

"Vagc  98.  '"oPage   78.  '°'F.   I.   D.   42,   Page   106. 

'"■-Page   76.  '"■'Page   79.  '"**F.    I.   D.   47,   T'agc   113. 


58  Misbranding. 

60.     Misbranding  —  Foods  —  Permissible    Imitations  . 

The  second  proviso  under  the  fourth  paragraph  under 
"food"  of  Section  8/°*  seems  to  permit  the  sale  of  an  "imi- 
tation" of  an  article  of  food,  provided  it  is  labeled,  branded 
or  tagged  with  the  word  "imitation." 

Paragraph  (f)  of  Regulation  21^°^  defines  "imitation"  as 
"a  counterfeit  or  fraudulent  simulation  of  any  article  or 
food  or  drug."  Doubtless  this  definition  is  correct  if  applied 
to  the  imitation  which  is  intended  to  be  prohibitetl  by  the 
first  paragraph  under  "drugs,"  or  the  first  paragraph  under 
"food"  of  this  Section,  and  it  does  not  appear  that  the  Act 
anywhere  countenances  or  permits  the  sale  of  anything 
which  is  a  counterfeit  or  fraudulent  simulation  of  any  arti- 
cle of  food  or  drug.  The  "imitation"  which  is  permitted  by 
the  second  proviso  under  the  fourth  paragraph  under  "food"^ 
if  labeled,  branded  or  tagged  to  plainly  indicate  that  it  is 
an  imitation,  with  the  word  "imitation"  plainly  stated  on  the 
package,  must  necessarily  be  an  article  which  is  wholesome 
as  food  and  free  from  deleterious  ingredients,  capable  of  or 
intended  for  use  in  the  same  way  as  the  substance  of  which 
it  is  an  imitation  and  as  a  substitute  for  such  substance. 

In  Decision  of  the  Secretary  of  Agriculture  No.  50,^°* 
January  18,  1907,  it  is  suggested  that  what  has  sometimes 
been  termed  "Cereal  Coffee"  should  be  designated  "Imi- 
tation Cofifee."  If  by  adopting  this  suggestion  the  manufac- 
turer is  to  be  understood  by  the  public  as  admitting  that 
his  product  is  a  counterfeit  or  fraudulent  simulation  of  cof- 
fee as  defined  in  paragraph  (f)  of  Regulation  21,^°'  it  can 
hardly  be  expected  that  he  will  label,  brand  or  tag  his  pro- 
duct as  "imitation." 

Unless  the  definition  of  imitation  in  paragraph  (f)  of 
Regulation  21"*  is  materially  modified,  it  is  probable  that 
the  manufacturers  of  "Cereal  Coffee"  and  other  food  pro- 
ducts designed  to  be  used  in  place  of  recognized  articles, 
will  prefer  to  retain  the  names  now  used  on  their  goods 
rather  than  mark  them  imitations. 

mpage  79.  ^"tPage  94.  "«Page   115.  ii^Page  94.  '<*Page  94. 


Compounds.  59* 

61.  ^Misbranding — Foods — Compounds — Mixtures. 

The  second  paragraph  of  the  proviso  of  Section  8^°''  is 
clearly  intended  to  permit  the  sale  of  food  products  which 
are  compounds  or  mixtures,  provided  they  are  labeled, 
branded  or  tagged  so  as  to  plainly  indicate  what  they  are. 
It  would  seem  to  be  clear  that  the  permission  extends  to  the 
admixture  with  a  substance  of  a  second  substance  which 
reduces  or  lowers  the  strength  or  quality  of  the  first.  For 
instance,  the  addition  to  pure  mustard  of  flour  or  meal  to 
reduce  its  strength  to  the  ordinary  prepared  mustard.  This 
would  be  adulteration  under  the  first  paragraph  under 
"food"  in  Section  7,"°  if  the  prepared  mustard  were  offered 
for  sale  as  pure  mustard,  but  it  is  not  to  be  treated  as  adul- 
terated if  plainly  labeled  as  a  mixture  or  compound.  The 
permission  does  not  extend  to  mixtures  under  the  fourth 
paragraph  of  Section  7"°  made  for  the  purpose  of  conceal- 
ing damage  or  inferiority  or  to  a  mixture  containing  any 
added  poisonous  or  deleterious  ingredients. 

"Mixture"  and  "compound"  appear  to  mean  the  same  thing 
and  are  so  construed  by  the  Department  of  Agriculture.^^^ 
They  differ  from  "blends"  in  that  they  are  not  necessarily 
limited  to  the  product  resulting  from  the  mingling  together 
of  like  substances,  while  "blend"  is  expressly  so  limited  by 
the  language  of  the  Act. 

A  mixture  of  rye  and  wheat  flour  is  a  mixture  or  com- 
pound and  should  be  so  labeled,  branded  or  tagged."^  It 
should  not  be  labeled  "rye  flour"  alone.  The  use  of  an 
ingredient  in  small  quantity  simply  for  the  sake  of  naming 
it  in  the  list  of  ingredients  does  not  justify  so  naming  it. 
The  ingredients  must  be  present  in  substantial  quantities. 

62.  Misbranding — Foods — Blends. 

Under  the  second  paragraph  of  the  proviso  of  Section  8 
the  term  "blend"  is  to  be  construed  as  meaning  a  mix- 
ture of  "like  substances"  not  excluding  harmless  coloring 
or  flavoring  ingredients  used  for  the  purpose  of  coloring  and 

'"•Page  79.  "»Page  77        "'F.   I.    1).   42,   Page   106;   F.  I.   D.  65,  Page  129. 

"2F.   I.    I).   42,    Page    106. 


6o  Misbranding. 

flavoring  only.  Under  paragraphs  (c)  and  (d)  of  Regu- 
lation 21^^^  coloring  and  flavoring  cannot  be  used  for  in- 
creasing the  weight  or  bulk  of  the  mixture  and  are  not  to  be 
used  in  quantities  to  exceed  i  to  800. 

In  paragraph  (e)  of  Regulation  21^^*  it  is  stated  that  a 
color  or  flavor  cannot  be  employed  to  imitate  any  natural 
product  or  any  other  product  of  recognized  name  and 
quality.  This  evidently  to  be  read  with  the  definition  of 
^'imitation"  in  paragraph  (f)  of  the  same  Regulation^^^  and 
with  the  proviso  under  "food"  in  Section  8'^"  which  ex- 
pressly provides  that  imitations,  if  properly  labeled, 
branded  or  tagged,  shall  not  be  deemed  to  be  misbranded. 
It  would  seem  to  be  practically  impossible  to  produce  even 
the  "imitation"  permissible  by  the  Act  without  the  use  of 
color  or  flavor,  and  it  does  not  appear  that  the  Act  prohibits 
the  use  of  color  or  flavor  for  the  production  of  "imitations" 
which  are  offered  for  sale  for  what  they  are  and  not  under 
any  misrepresentation. 

For  those  engaged  in  the  production,  manufacture  or 
sale  of  liquors,  particularly  whiskey,  the  question  of  what 
are  "like  substances"  under  the  Act  is  of  great  importance, 
since  upon  the  meaning  given  these  words  as  used  in  the 
final  paragraph  of  Section  8^^^  depends  the  question  of  the 
branding  or  labeling  of  the  liquors  made  up  in  part  of 
straight  whiskey  and  in  part  of  ethyl  alcohol  or  spirits. 
The  ruling  of  the  Secretary  of  Agriculture^ ^^  on  this  ques- 
tion based  on  an  opinion  of  the  Attorney-General,  approved 
by  the  President,  is  that  straight  whiskey  shall  be  labeled  as 
such,  that  a  mixture  of  two  or  more  straight  whiskeys  shall 
be  labeled  "blended  whiskey"  or  "blended  whiskeys ;  that 
a  mixture  of  straight  whiskey  and  ethyl  alcohol,  provided 
there  is  enough  whiskey  in  it  to  make  it  a  real  compound  or 
mixture,  shall  be  labeled  "compound  whiskey,"  "com- 
pounded whiskey"  or  "compound  of  pure  grain  distillates"; 
and  that  ethyl  alcohol  flavored  and  colored  so  as  to  taste, 

"'Page  94.  "■'Page  04-  ""Pa^e  94.  ""Page    79. 

"'Page    79.  "«F.   I.   D.  45,   Page   no;  F.  I.  D.  65,  Page  129. 


Formula.  6i 

smell  and  look  like  whiskey  shall  be  labeled  imitation 
whiskey. 

The  effect  of  this  ruling  is  to  make  the  use  of  the  word 
''blend"  on  liquor  composed  in  part  of  ethyl  alcohol  or 
neutral  spirits,  and  in  part  only,  of  whiskey,  misbranding 
under  the  Act  as  construed  by  the  Department  of  Agri- 
culture. 

The  term  "compound  whiskey"  is  not  permitted  by  the 
ruling,  except  as  applied  to  a  mixture  containinlg  a  sub- 
stantial proportion  of  whiskey.  The  same  ruling  applies  to 
all  other  compounds,  whether  drugs  or  food  products,  that 
is,  no  preparation  can  be  named  after  an  ingredient  which 
is  not  present. ^^^ 

63.     Misbranding — Proprietary  Foods — Formula. 

The  further  proviso  clause  of  the  second  proviso  under 
"food"  of  Section  8^"**  recognizes  the  impropriety  of  so  con- 
struing any  of  the  provisions  of  the  Act  as  to  compel  the 
manufacturer  of  a  food  product  made  by  a  secret  process 
or  formula  to  disclose  such  process  or  formula,  so  long  as 
such  food  product  is  in  itself  wholesome  and  is  not  labeled 
or  branded  in  such  a  way  as  to  deceive  the  public. 

Such  proprietary  foods  are  subject  to  the  general  provi- 
sions of  the  Act  as  regards  adulteration  and  misbranding. 
If  upon  examination  or  analysis  of  samples  or  specimens  of 
such  foods,  they  are  found  to  contain  substances  prohibited 
under  the  provisions  of  the  Act,  or  if  they  are  found  to  be 
materially  different  in  character  or  quality  from  what  they 
are  represented  to  be,  the  proprietors  may  be  proceeded 
against  as  provided  for  in  Sections  4^"^  and  5.'"'"  It  will 
therefore  be  necessary  for  the  proprietors  of  such  foods  to 
disclose  by  a  statement  on  the  label  so  much  of  the  formula 
as  may  be  necessary  to  comply  with  the  general  re(|uire- 
ments  of  the  Act  regarding  misbranding. 

It  appears  from  paragraph   (a)   of  Regulation  8'"'  that 

""F.  I.  D.  63,  Page   126.  ^Tage  79.  "'Page  75.  '"Page  7s. 


62  Misbranding. 

this  portion  of  the  Act  is  construed  to  empower  the  Sec- 
retary of  Agricuhure  to  decide  to  what  extent  the  names 
and  percentage  of  materials  used  are  to  be  stated  on  the 
label.  The  basis  for  this  regulation  does  not  clearly  appear 
in  the  Act,  nor  is  there  any  basis  in  the  Act  for  the  require- 
ment in  paragraph  (b)^"  of  the  same  regulation  requiring 
the  factories  in  which  proprietary  foods  are  made  to  be 
open  for  inspection  at  all  reasonable  times. 

The  Act  will  probably  be  construed  by  the  Courts  to 
require  the  proprietors  or  manufacturers  to  see  to  it  that 
their  foods  are  free  from  adulteration  and  are  not  mis- 
branded,  and  that  for  the  purpose  of  avoiding  misbranding 
the  formula,  or  so  much  thereof  as  may  be  necessary,  shall 
be  stated  on  the  label,  and  that  the  sole  duty  of  the  Sec- 
retary of  Agriculture  in  the  matter  of  proprietary  foods  is, 
as  in  the  matter  of  any  food  or  drug  product,  to  determine 
whether  from  the  analysis  or  examination  of  samples  or 
-.specimens  it  appears  that  the  provisions  of  the  Act  have 
.;been  violated. 

'^iPage   86.  i^spggg   36. 


CHAPTER  VI. 
THE  GUARANTY. 

64.  Effect  of  the  Guaranty. 

The  guaranty  contemplated  by  Section  9^-^  is  in  effect  an 
agreement  by  the  manitfactiirer,  packer,  wholesaler  or  job- 
ber that  he  will  hold  himself  responsible  for  the  food  or 
drug  products  furnished  by  him  to  dealers.  Without  a 
guaranty  retail  dealers  are  liable  under  the  Act,  even  in 
case  of  goods  in  original  unbroken  packages,  if  such  goods 
are  adulterated  or  misbranded,  and  it  is  no  defense  under 
the  Act  to  show  that  such  goods  were  received  from  another 
person  and  were  not  known  by  the  retailer  to  be  misbranded 
or  adulterated,  unless  the  person  from  whom  the  goods 
were  received  assumed  responsibility  for  the  character  or 
•quality  by  a  written  guaranty  duly  signed  by  him. 

If  a  guaranty  has  been  filed  with  the  Secretary  of  Agri- 
culture, the  package  containing  the  goods  should  bear  the 
statement  "Guaranteed  under  the  Food  and  Drugs  Act,  June 

30,  1906,  Serial  No. "     This  statement  should  not  be 

qualified  by  any  other  words.  Such  statement  appearing 
on  a  package  if  no  guaranty  has  in  fact  been  filed,  is  mis- 
branding under  Section  8,  for  which  the  party  placing  it 
on  the  package  will  no  doubt  be  held  responsible. 

65.  Form  of  Gu.\ranty  . 

The  guaranty  may  be  a  general  guaranty  filed  with  the 
Secretary  of  Agriculture  covering  all  goods  manufactured 
or  sold  by  the  guarantor,  or  all  goods  bearing  certain  speci- 
fied names  or  trademarks  made  and  sold  by  him.  or  it  may 
cover  only  a  i)articular  shipment  of  goods,  in  which  case  it 
should  identify  and  be  attached  to  the  bill  of  sale,  invoice, 

'^'I'agc   80. 


64  The  Guaranty. 

bill  of  lading,  or  other  schedule,  giving  the  names  and  guar- 
anties of  the  articles  intended  to  be  covered  by  it. 

The  guaranty,  if  filed  with  the  Secretary  of  Agriculture, 
should  be  signed  by  the  guarantor,  and,  under  the  present 
requirement  of  the  Department,  should  be  acknowledged 
before  a  notary.  In  case  of  a  guaranty  given  by  a  firm, 
corporation  or  association,  the  member  of  the  firm  or  offi- 
cer signing  for  the  corporation  should  make  clear  the  fact 
of  his  authority  to  sign  for  the  firm,  corporation  or  associa- 
tion. No  fee  is  charged  by  the  Department  of  Agriculture 
for  filing  guaranties  and  assigning  serial  numbers. 

No  particular  form  of  guaranty  is  prescribed  by  the  Act 
or  by  the  Rules  and  Regulations.  It  should,  however,  be 
drawn  to  cover  precisely  what  it  is  intended  to  cover  and 
no  more.  Wholesalers  and  jobbers  dealing  in  a  wide  va- 
riety of  goods  coming  to  them  in  original  unbroken  pack- 
ages from  a  wide  variety  of  sources  should  avoid  so  draw- 
ing their  guaranty  as  to  assume  responsibility  for  goods  of 
the  character  and  quality  of  which  they  can  not  be  abso- 
lutely sure.  Care  should  be  taken  in  this  matter  particularly 
with  reference  to  imported  goods. 

It  is  probable  that  guarantees  accepted  in  good  faith  by 
dealers  will  be  held  sufficient  to  bind  the  guarantors  and 
that  technical  defects  in  the  guarantees  will  not  relieve  the 
guarantors  from  responsibility. 

A  wholesaler  or  jobber  who  purchases  food  or  drug 
products  from  the  producer  or  from  anyone  else  may  safely 
guarantee  the  goods  so  purchased  to  his  customers,  provided 
he  has  from  the  producer  or  other  person  from  whom  he 
purchased  the  goods,  a  guaranty  covering  them.  In  case 
of  such  double  guaranty,  it  would  be  advisable  for  the 
wholesaler  or  jobber  before  guaranteeing  to  his  customers 
that  such  goods  are  not  adulterated  or  misbranded,  to  see  to 
it  that  the  guaranty  given  him  by  the  person  from  whom  he 
purchased  sufficiently  identifies  the  goods  to  make  it  possible 
to  readily  trace  back  any  of  them  found  to  be  in  fact  adul- 
terated or  misbranded. 


The  Guaranty.  65 

It  will  probably  be  found  desirable  to  limit  guarantees  to 
goods  bearing  distinctive  trademarks  or  other  marks  which 
belong  to  the  producer  or  dealer  giving  the  guarantee. 
Where  a  producer  or  packer  puts  up  goods  for  a  wholesaler, 
jobber  or  other  distributor  and  delivers  them  without  labels, 
to  be  subsequently  labeled,  he  cannot  under  his  guaranty 
be  responsible  for  the  correctness  of  such  subsequently  at- 
tached label.  If,  however,  the  producer  or  packer  applies 
labels  furnished  by  the  purchaser,  his  guaranty  may  prop- 
erly cover  both  the  question  of  adulteration  and  the  ques- 
tion of  misbranding. 

66.  Guaranty  Applies  to  Unbroken  Packages  Only. 
A  guaranty  will  be  effective  to  relieve  the  dealer  from 

responsibility  only  so  long  as  the  package  remains  unbroken. 
This  is  clearly  the  case  as  regards  sales  in  the  States  and 
would  seem  to  be  also  true  as  regards  sales  in  the  District 
of  Columbia  and  the  Territories.  The  guarantor  can  fairly 
be  held  responsible  only  for  goods  which  reach  the  consumer 
in  the  same  condition  in  which  they  left  his  hands.  If  the 
package  is  opened  by  the  retailer,  whether  re-sold  or  not,  he 
thereby  assumes  responsibility  for  adulteration  or  misbrand- 
ing whether  actually  known  to  him  or  not. 

67.  Guaranty — Not  a  Government  Guaranty. 

The  guaranty  provided  for  by  Section  9^"  is  not  to  be 
understood  as  a  guaranty  by  the  Department  of  Agricul- 
ture that  the  goods  to  which  it  applies  are  not  adulterated 
or  misbranded,  but  as  merely  an  assumption  of  responsibil- 
ity by  the  guarantor  which  does  not  relieve  him  from  prose- 
cution if  the  goods  are  in  fact  adulterated  or  misbranded. 

Any  statement  on  a  label  or  package  indicating  that  the 
Government  or  the  Department  of  Agriculture  guarantees 
the  contents  of  the  package  is  a  false  or  misleading  state- 
ment and  as  such  is  clearly  prohibited  by  Section  8.^'°  See 
Decision  of  the  Secretary  of  Agriculture  No.  40,^'°  October 
25,  1906. 

"•Page   80.  »^I'age   78.  '"Page   105. 


66  The  Guaranty. 

68.     Guaranty — No  Provision  as  to  Imported  Foods 
OR  Drugs. 

There  is  no  provision  for  a  guaranty  by  a  manufacturer 
or  other  person  located  abroad,  such  manufacturer  or  other 
person  being  beyond  the  jurisdiction  of  the  United  States 
Courts.  Imported  Foods  and  Drugs  may  be  guaranteed 
by  the  importer  or  any  person  in  the  United  States.  Unless 
so  guaranteed,  imported  foods  and  drugs  are  sold  by  deal- 
ers at  their  own  risk.  But  in  view  of  the  stringency  of  the 
laws  heretofore  in  force  as  well  as  the  provisions  of  this 
Act  respecting  importations,  it  may  generally  be  assumed 
that  foods  and  drugs  which  are  permitted  to  be  imported  are 
not  adulterated  or  misbranded. 


CHAPTER  VII. 

MISCELLANEOUS   NOTES. 

69.  Enforcement  of  the  Act. 

The  course  which  will  be  pursued  by  the  Department  of 
Agriculture  in  the  enforcement  of  the  provisions  of  the  Act 
was  expressed  by  Dr.  Wiley,  Chief  of  the  Bureau  of  Chem- 
istry, in  his  statement  at  the  opening  of  the  hearings  before 
the  Commission  appointed  to  formulate  the  rules  and  regu- 
lations held  in  New  York  in  September,  1906,  in  the  state- 
ment that  it  was  desired  in  the  formulation  of  the  rules  and 
regulations  "to  secure  the  purpose  in  view  with  the  least  pos- 
sible disturbance  to  business  conditions  and  with  the  least 
possible  annoyance  to  the  manufacturer,  the  jobber  and  the 
public."  This  should  not,  however,  be  understood  as  indi- 
cating that  the  Department  will  permit  a  reasonable  forbear- 
ance from  an  immediate  enforcement  of  the  strict  letter  of 
the  law  to  be  taken  advantage  of.  In  commenting  on  a 
circular  sent  out  by  an  association  of  dealers  in  food  products 
the  Secretary  of  Agriculture  is  reported  to  have  said :  "The 
law  is  now  in  force  and  any  merchant  or  manufacturer  who 
violates  it  does  so  at  his  peril.  If  any  of  these  gentlemen 
think  they  can  defy  the  law  with  impunity  let  them  try  it 
and  I  will  undertake  to  assure  them,  eventually,  a  summons 
to  appear  before  a  United  States  Court." 

70.  Stock  on  Hand. 

As  regards  foods  and  drugs  on  hand  at  the  time  the  law 
went  into  force,  labels  on  hand  and  other  matters  in  which 
a  stringent  enforcement  of  the  law  would  result  in  serious 
loss  to  manufacturers  or  dealers,  the  law  will  undoubtedly 
be  administered  with  the  utmost  consideration  provided 
goods  on  hand  are  not  seriously  injurious  and  are  not  sold 
under  misrepresentation,  and  provided  that  labels  on  hand 


68  Notes. 

are  corrected  so  far  as  necessary  by  supplemental  labels, 
stamps  or  pasters. 

With  regard  to  the  use  of  colors  and  preservatives  on 
which  no  definite  rulings  have  yet  been  given  out,  it  may  be 
expected  that  after  the  rulings  are  given  out  a  reasonable 
time  will  be  given  for  the  disposal  of  goods  on  hand  which 
contain  colors  or  preservatives  prohibited  by  such  rulings. 
The  same  may  be  expected  with  regard  to  the  matter  of  the 
marking  of  the  so-called  blended  whiskeys. 

71.  Notes  as  to  Particular  Products. 

All  food  products,  including  confectionery,  in  which  arti- 
ficial coloring  or  flavoring  is  used  should  be  so  labeled  as  to 
clearly  indicate  that  they  contain  artificial  color  or  flavor. 
The  Department  of  Agriculture  has  indicated  that  in  such 
cases  the  word  "imitation"  rather  than  "artificial"  should  be 
used  on  the  label. 

Mince  meat  and  pork  and  beans  are  considered  food  pro- 
ducts coming  under  the  provisions  of  this  Act,  not  meat  pro- 
ducts coming  under  the  Meat  Inspection  Law. 

In  the  manufacture  of  sugar,  sulphur,  phosphoric  acid 
and  lime  may  be  used,  also  tin  crystals  and  zinc  dust  as 
bleach,  provided  the  resultant  molasses,  if  shipped  out  of  the 
State  within  which  it  is  made,  is  sold  for  distilling  purposes 
only.  Coloring  agents  or  adulterants  such  as  tin  crystals, 
rock  compounds,  ultramarine  blue,  etc.,  are  prohibited. 

Gelatine  is  not  prohibited  as  an  ingredient  in  confectionery 
or  other  food  product.  There  is  no  objection  to  gelatine 
made  from  good,  unobjectionable  raw  material  in  a  sanitary 
way. 

Cocoas  in  the  preparation  of  which  alkalies  or  other  sub- 
stances have  been  employed  in  order  to  increase  the  apparent 
solubility  of  the  product,  should  bear  on  the  label  a  declara- 
tion of  such  treatment.  The  phrase  "prepared  with  alkali" 
(or  alkalies)  or  "manufactured  with  alkali"  (or  alkalies), 
or  some  similar  statement,  would  be  a  sufficient  notification. 


Notes.  69 

72.  Labeling  Packages. 

The  original  unbroken  package,  that  is  the  case,  box,  barrel 
or  other  package  in  which  cans,  bottles,  cartons  or  other 
retail  packages  are  shipped  from  the  producer,  manufac- 
turer or  packer  to  the  wholesaler,  jobber  or  retailer,  or  are 
shipped  from  the  wholesaler  or  jobber  to  his  customers, 
should,  if  it  is  shipped  from  one  State  to  another,  be  labeled 
or  branded  strictly  in  accordance  with  the  requirements  of 
the  Act,  and  unless  some  controlling  reason  exists  for  doing 
otherwise,  should  be  labeled  or  branded  strictly  in  accord- 
ance with  the  rules  and  regulations  and  the  requirements 
of  the  Department  of  Agriculture.  The  Act  applies  directly 
to  the  original  package. 

As  regards  the  labels  on  the  individual  cans,  bottles,  car- 
tons, or  other  packages  enclosed  in  the  case,  box,  barrel,  or 
other  outer  package,  it  is  advisable  that  these  conform 
strictly  to  the  requirements  regarding  labels  contained  in  the 
Act,  and  unless  some  controlling  reason  exists  for  doing 
otherwise,  such  labels  should  conform  strictly  to  the  rules 
and  regulations  and  the  requirements  of  the  Department 
of  Agriculture.  It  is  probable,  however,  that  the  Act  does 
not  apply  to  the  labeling  of  the  retail  packages  enclosed 
within  an  outer  package  and  shipped  from  one  State  to  an- 
other, and  it  will  therefore  be  sufficient  if  the  retail  pack- 
ages are  labeled  or  branded  in  conformity  with  the  laws 
of  the  State  into  which  they  are  shipped  and  in  which  they 
are  sold.  So  far  as  many  of  the  States  are  concerned,  the 
fact  that  the  Act  does  not  apply  to  the  retail  package  is 
not  of  much  practical  importance  as  the  laws  of  many  of 
the  States  make  substantially  the  same  requirements  as 
regards  labels  which  are  made  by  the  Act. 

With  regard  to  drugs  or  food  products  shipped  into  or 
out  of  the  District  o*f  Columbia  or  into  or  out  of  any  Terri- 
tory the  requirements  regarding  labeling  or  branding  apply 
to  the  individual  or  retail  package  as  well  as  to  the  enclos- 
ing case,  box,  barrel,  or  other  package,  and  it  is  necessary 


70  Notes. 

that  each  bottle,  can,  carton,  or  other  retail  package  of 
drugs  or  food  products  manufactured  in  the  District  of 
Columbia,  or  a  Territory,  or  shipped  into  the  District  of 
Columbia,  or  a  Territory,  for  sale  therein,  or  shipped  from 
the  District  of  Columbia  or  a  Territory,  shall  be  labeled  or 
branded  in  strict  conformity  with  the  requirements  of  the 
Act  and  with  the  rules  and  regulations  and  the  requirements 
of  the  Department  of  Agriculture.  It  is  necessary  also 
that  the  enclosing  case,  box,  barrel  or  other  outer  package, 
in  case  of  drugs  or  food  products  manufactured  in,  or  ship- 
ped into  or  out  of  the  District  of  Columbia  or  a  Territory, 
shall  also  be  correctly  labeled  or  branded. 

"J},.  Canned  Goods — Labels. 

The  labels  commonly  used  on  canned  goods  are  in  the 
following  form : 


[Trademark  name.] 

[Trademark  name.  ] 

[Design.] 

[Trademark.] 

[Name  of  particular  goods.] 

[Packer's  name.] 

[Address.] 

While  labels  in  this  form  are  not  precisely  in  the  form 
specified  in  Regulation  17  (b),^""  or  F.  I.  D.  52,^^*  they 
conform  to  all  the  requirements  of  the  Act  and  may  con- 
tinue to  be  used  without  objection  on  the  part  of  the  De- 
partment of  Agriculture.  Of  course,  if  the  wholesaler's, 
jobber's  or  dealer's  name  appears  on  the  label,  the  words 
"packed  for,"  distributed  by,"  or  other  words  indicating 
that  such  name  is  not  the  name  of  the  packer,  must  be 
used,  and  it  is  of  course  to  be  understood  that  the  label  used, 
whether  in  the  above  form,  or  in  any  other  form,  contains 
no  misrepresentation  or  false  or  misleading  statement,  de- 
sign or  device. 

74.  State  Laws. 

In  nearly  all  of  the  States  laws  regarding  the  adultera- 

'^Page  90.  '-^Pagc   ii6. 


State  Laws.  71 

tion  and  misbranding  of  food  and  drug  products  have 
either  been  enacted  and  are  now  in  force,  or  are  under 
consideration  and  hkely  to  be  adopted  in  the  near  future. 
Such  laws  in  their  purpose  and  in  general  requirements  as 
to  labeling  or  branding  are  similar  to  the  Food  and  Drugs 
Act.  June  30,  1906,  a  number  of  them  being  drawn  to 
conform  closely  to  the  Act.  Generally  speaking,  food  or 
drug  products  which  are  labeled  or  branded  in  conformity 
with  the  requirements  of  the  Act,  the  rules  and  regulations 
and  the  requirements  of  the  Department  of  Agriculture,  will 
be  found  to  meet  the  requirements  of  the  laws  of  any  of 
the  States.  The  definitions  of  what  constitutes  adulteration 
are  substantially  the  same  in  the  State  laws  as  in  the  Act. 
In  a  few  of  the  States,  notably  Minnesota,  Kansas,  Indiana, 
Illinois,  and  North  and  South  Dakota,  the  use  of  analine 
colors  or  coal  tar  preservatives  in  food  products,  particu- 
larly confectionery,  is  strictly  prohibited.  Certain  states 
also  make  special  requirements  regarding  the  labeling  of 
baking  powder  and  a  few  other  articles.  A  number  of 
States  also  make  stringent  requirements  regarding  proprie- 
tary medicines. 


APPENDIX. 


THE  FOOD   AND    DRUGS   ACT, 
JUNE  30,  1906. 

AN  ACT  for  preventing  the  manufacture,  sale,  or  transportation  of 
adulterated  or  misbranded  or  poisonous  or  deleterious  foods,  drugs, 
medicines,  and  liquors,  and  for  regulating  traffic  therein,  and  for  other 
purposes.' 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
That  it  shall  be  unlawful  for  any  person  to  manufacture" 
within  any  Territory  or  the  District  of  Columbia  any  article 
of  food  or  drug  which  is  adulterated  or  misbranded,  within 
the  meaning  of  this  Act ;  and  any  person  who  shall  violate 
any  of  the  provisions  of  this  section  shall  be  guilty  of  a  mis- 
demeanor, and  for  each  offense  shall,  upon  conviction  there- 
of, be  fined  not  to  exceed  five  hundred  dollars  or  shall  be 
sentenced  to  one  year's  imprisonment,  or  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court,  and  for  each 
subsequent  offense  and  conviction  thereof  shall  be  fined  not 
less  than  one  thousand  dollars  or  sentenced  to  one  year's  im- 
prisonment, or  both  such  fine  and  imprisonment,  in  the  dis- 
cretion of  the  court. 

Sec.  2.  That  the  introduction^  into  any  State  or  Terri- 
tory or  the  District  of  Columbia  from  any  other  State  or 
Territory  or  the  District  of  Columbia,  or  from  any  foreign 
country,  or  shipment  to  any  foreign  country*  of  any  article 
of  food  or  drugs  which  is  adulterated  or  misbranded,  within 
the  meaning  of  this  Act,  is  hereby  prohibited ;  and  any  per- 

'Pages   I,  36,  F.   I.  D.,  44,  Page   109;  F.  I.  D.  65,  Page  129. 

'Pages  2,   s,  7.  =Pagc   3.  'Page  9,  Reg.  31,  Page  99. 


74  The  Food  and  Drugs  Act. 

son  who  shall  ship  or  deliver  for  shipment^  from  any  State 
or  Territory  or  the  District  of  Columbia  to  any  other  State 
or  Territory  or  the  District  of  Columbia,  or  to  a  foreign 
countr}^,  or  who  shall  receive  in  any  State  or  Territory  or  the 
District  of  Columbia  from  any  other  State  or  Territory  or 
the  District  of  Columbia,  or  foreign  country,  and  having 
so  received,  shall  deliver,  in  original  unbroken  packages," 
for  pay  or  otherwise,  or  offer  to  deliver  to  any  other  person, 
any  such  article  so  adulterated  or  misbranded  within  the 
meaning  of  this  Act,  or  any  person  who  shall  sell  or  offer 
for  sale  in  the  District  of  Columbia  or  the  Territories  of  the 
United  States  any  such  adulterated  or  misbranded  foods 
or  drugs,  or  export  or  offer  to  export  the  same  to  any  for- 
eign country,  shall  be  guilty  of  a  misdemeanor,  and  for  such 
offense  be  fined  not  exceeding  two  hundred  dollars  for  the 
first  offense,  and  upon  conviction  for  each  subsequent  of- 
fense not  exceeding  three  hundred  dollars  or  be  imprisoned 
not  exceeding  one  year,  or  both,  in  the  discretion  of  the 
court :  Provided,  That  no  article  shall  be  deemed  misbranded 
or  adulterated  within  the  provisions  of  this  Act  when  in- 
tended for  export^  to  any  foreign  country  and  prepared  or 
packed  according  to  the  specifications  or  directions  of  the 
foreign  purchaser  when  no  substance  is  used  in  the  prepara- 
tion or  packing  thereof  in  conflict  with  the  laws  of  the  for- 
eign country  to  which  said  article  is  intended  to  be  shipped ; 
but  if  said  article  shall  be  in  fact  sold  or  oft'ered  for  sale  for 
domestic  use  or  consumption,  then  this  proviso  shall  not  ex- 
empt said  article  from  the  operation  of  any  of  the  other 
provisions  of  this  Act. 

Sec.  3.  That  the  Secretary  of  the  Treasury,  the  Secretary 
of  Agriculture,  and  the  Secretary  of  Commerce  and  Labor* 
shall  make  uniform  rules  and  regulations  for  carrying  out 
the  provisions  of  this  Act,  including  the  collection^  and  exam- 
ination^" of  specimens  of  foods  and  drugs  manufactured  or 
offered  for  sale  in  the  District  of  Columbia,  or  in  any  Ter- 

'Page  3.  'Pajje  3,  Reg.  31,  Page  99.      '"Pages  6.   15,   26,  28,  .?3, 

"Pages   3,   4,    5,    7,   8,    14,     "Page   13.  50,   Reg.   4,   Page  84. 

22,  49,  63,  64,  65.  "Pages  13,   14,   15,   Reg.  3, 

Page  84. 


The  Food  and  Drugs  Act.  75 

ritory  of  the  United  States,  or  wliich  shall  be  offered  for 
sale  in  unbroken  packages^^  in  any  State  other  than  that  in 
which  they  shall  have  been  respectively  manufactured  or 
produced,  or  which  shall  be  received  from  any  foreign  coun- 
try, or  intended  for  shipment  to  any  foreign  country,  or 
which  may  be  submitted  for  examination  by  the  chief  health, 
food,  or  drug  officer  of  any  State,  Territory,  or  the  Dis- 
trict of  Columbia,  or  at  any  domestic  or  foreign  port 
through  which  such  product  is  offered  for  interstate  com- 
merce, or  for  export  or  import  between  the  United  States 
and  any  foreign  port  or  country. 

Sec.  4.  That  the  examinations  of  specimens  of  foods  and 
drugs^"  shall  be  made  in  the  Bureau  of  Chemistry  of  the 
Department  of  Agriculture,  or  under  the  direction  and  su- 
pervision of  such  Bureau,  for  the  purpose  of  determining 
from  such  examinations  whether  such  articles  are  adulterated 
or  misbranded  within  the  meaning  of  this  Act;  and  if  it 
shall  appear  from  any  such  examination  that  any  of  such 
specimens  is  adulterated  or  misbranded  within  the  meaning 
of  this  Act,  the  Secretary  of  Agriculture  shall  cause  notice 
thereof  to  be  given  to  the  party  from  whom  such  sample  was 
obtained. ^^  Any  party  so  notified  shall  be  given  an  oppor- 
tunity to  be  heard,  under  such  rules  and  regulations  as  may 
be  prescribed  as  aforesaid,  and  if  it  appears  that  any  of  the 
provisions  of  this  Act  have  been  violated  by  such  party,  then 
the  Secretary  of  Agriculture  shall  at  once  certify  the  facts 
to  the  proper  United  States  district  attorney,"  with  a  copy 
of  the  results  of  the  analysis  or  the  examination  of  such 
article  duly  authenticated  by  the  analyst  or  officer  making 
such  examination,  under  the  oath  of  such  officer.  After 
judgment  of  the  court,  notice  shall  be  given  by  publication 
in  such  manner  as  may  be  prescribed  by  the  rules  and  reg- 
ulations aforesaid. ^'^ 

Sec.  5.  That  it  shall  be  the  duty  of  each  district  attorney 
to  whom  the  Secretary  of  Agriculture  shall  report  any  viola- 

"Pages  3,  4.   s,   7,   8,    14,     '-Papes  6,    15,  26,  28,  3.3,     '^Papc   14,  Kcr.  3,  Pnrre  84. 
22,  49,  63,  64,  65.  so.  'M'aRc   16,  KcR.  5,  l-'age  85. 

"Page  17,  RcR.  6,  Page  86. 


y^i  The  Food  and  Drugs  Act. 

tion  of  this  Act,  or  to  whom  any  health  or  food  or  drug 
officer  or  agent  of  any  State,  Territory,  or  the  District  of 
Cokimbia  shall  present  satisfactory  evidence  of  any  such 
violation,  to  cause  appropriate  proceedings"'  to  be  com- 
menced and  prosecuted  in  the  proper  courts  of  the  United 
States,  without  delay,  for  the  enforcement  of  the  penalties 
as  in  such  case  herein  provided. 

Sec.  6.  That  the  term  "drug,'"'  as  used  in  this  Act,  shall 
include  all  medicines  and  preparations  recognized  in  the 
United  States  Pharmacopoeia  or  National  Formulary'^  for 
internal  or  external  use,  and  any  substance  or  mixture  of 
substances  intended  to  be  used  for  the  cure,  mitigation,  or 
prevention  of  disease  of  either  man  or  other  animals.  The 
term  "food,"^®  as  used  herein,  shall  include  all  articles  used 
for  food,  drink,  confectionery,  or  condiment  by  man  or  other 
animals,  whether  simple,  mixed,  or  compound. 

Sec.  7.  That  for  the  purposes  of  this  Act  an  article  shall 
be  deemed  to  be  adulterated :"° 

In  case  of  drugs  : 

First.  If,  when  a  drug  is  sold  under  or  by  a  name  recog- 
nized in  the  United  States  Pharmacopoeia  or  National  For- 
mulary,^^ it  differs  from  the  standard  of  strength,  quality,  or 
purity,  as  determined  by  the  test  laid  down  in  the  United 
States  Pharmacopoeia  or  National  Formulary  oflficial  at  the 
time  of  investigation :"  Provided,-^  That  no  drug  defined  in 
the  United  States  Pharmacopoeia  or  National  Formulary 
shall  be  deemed  to  be  adulterated  under  this  provision  if  the 
standard  of  strength,  quality,  or  purity  be  plainly  stated  upon 
the  bottle,  box,  or  other  container  thereof  although  the 
standard  may  differ  from  that  determined  by  the  test  laid 
down  in  the  United  States  Pharmacopoeia  or  National  For- 
mulary. 

Second.  If  its  strength  or  purity  fall  below  the  professed 
standard  or  quality  under  which  it  is  sold.^* 

"Page   17.  '^Page  20.  ^Page    23,    V.    I.    D.    59, 

"Pages  19,  49.  ^''Pages  21   to  35.  I'age  124. 

"Pages  22,  23,  46,  47,  4S.  -'Pages  22,  23,  46,  47.  48,  ^Page  22,  Reg.  7,  Page  86. 

49,   Reg.   7,   Page  86.  49,   Reg.   7,   Page  86.  "Page  22,  Reg.  7,  Page  86. 


The  Food  and  Drugs  Act.  yy 

In  the  case  of  confectionery :" 

If  it  contain  terra  alba,  barytes,  talc,  chrome  yellow,  or 
other  mineral  substance  or  poisonous  color  or  flavor,  or 
other  ingredient  deleterious  or  detrimental  to  health,  or  any 
vinous,  malt,  or  spirituous  liquor  or  compound  or  narcotic 
drug.'*' 

In  the  case  of  food  :-^ 

First.  If  any  substance  has  been  mixed  and  packed  with 
it  so  as  to  reduce  or  lower  or  injuriously  affect  its  quality  or 
strength."^ 

Second.  If  any  substance  has  been  substituted  wholly  or 
in  part  for  the  article.^^ 

Third.  If  any  valuable  constituent  of  the  article  has  been 
wholly  or  in  part  abstracted,^" 

Fourth.  If  it  be  mixed, ^^  colored, ^^  powdered, ^^  coat- 
ed,^* or  stained^^  in  a  manner  whereby  damage  or  inferiority 
is  concealed. 

Fifth.  If  it  contain  any  added^®  poisonous  or  other  added 
deleterious  ingredient^^  which  may  render  such  article 
injurious  to  health  :^^  Provided,  That  when  in  the  prepara- 
tion of  food  products  for  shipment  they  are  preserved  by 
any  external  application  applied  in  such  manner  that  the 
preservative  is  necessarily  removed  mechanically,  or  by 
maceration  in  water,  or  otherwise,^®  and  directions  for  the 
removal  of  said  preservative  shall  be  printed  on  the  covering 
or  the  package,  the  provisions  of  this  Act  shall  be  construed 
as  applying  only  when  said  products  are  ready  for  consump- 
tion. 

Sixth.*"  If  it  consists  in  whole  or  in  part  of  a  filthy,  de- 
composed, or  putrid  animal  or  vegetable  substance,  or  any 

Tages   20,    24,    zi,  Reg.     '^Page  27,  Reg.    12,   Page     ''Pages    28.    29,    30,    34, 

10,  Page  87.  ^      88.                                                Reg.    15,  Page  89. 
"Page  34.  '■''Page  27,  Reg.    12,   Page     '•Pages    28,    29.     30,    34, 
"Page  20.  88.                                                Reg.   15.   Page  80. 
^Pages    21,    24,    25,  Reg.     '■•Page  28,  Reg.    12,  Page     '"Page  28;   Reg.    14,   Page 

11,  page  88.  88.                                                89. 

™Page  25,   Reg.   25,   Page     '"Page  28,   Reg.    12,   Page     "Pages    32,    33.    Reg.    16, 
95.  88.  Page  90. 

'"Page  26.  '«Page   28,    Reg.    13,    Page 

"Page  27,   Reg.    11,   Page  88;     Reg.     24,     Page 

88.  94:  F.  I.  D.  42,  Page 

106. 


yS  The  Food  and  Drugs  Act. 

portion  of  an  animal  unfit  for  food,  whether  manufactured 
or  not,  or  if  it  is  the  product  of  a  diseased  animal,  or  one  that 
has  died  otherwise  than  by  slaughter.^^ 

Sec.  8.  That  the  term  "misbranded,"*-  as  used  herein, 
shall  apply  to  all  drugs,  or  articles  of  food,  or  articles  which 
enter  into  the  composition  of  food,  the  package  or  label" 
of  which  shall  bear  any  statement,  design,  or  device**  re- 
garding such  article,  or  the  ingredients  or  substances  con- 
tained therein  which  shall  be  false  or  misleading  in  any 
particular,*'  and  to  any  food  or  drug  product  which  is  falsely 
branded  as  to  the  State,  Territory,  or  country  in  which  it  is 
manufactured  or  produced.**' 

That  for  the  purposes  of  this  Act  an  article  shall  also  be 
deemed  to  be  misbranded  : 

In  case  of  drugs : 

First.  If  it  be  an  imitation  of  or  offered  for  sale  under 
the  name  of  another  article.*' 

Second.  If  the  contents  of  the  package  as  originally  put 
up  shall  have  been  removed,  in  whole  or  in  part,  and  other 
contents  shall  have  been  placed  in  such  package,*^  or  if  the 
package  fail  to  bear  a  statement  on  the  label  of  the  quantity 
or  proportion  of  any  alcohol,  morphine,  opium,  cocaine, 
heroin,  alpha  or  beta  eucaine,  chloroform,  cannabis  indica, 
chloral  hydrate,  or  acetanilide,  or  any  derivative  or  prepara- 
tion of  any  such  substances  contained  therein.*^ 

In  the  case  of  food : 

First.  If  it  be  an  imitation  of  or  offered  for  sale  under 
the  distinctive  name  of  another  article.'" 

Second.  If  it  be  labeled  or  branded  so  as  to  deceive  or 
mislead  the  purchaser,  or  purport  to  be  a  foreign  product" 

"Pages   32,    33.    Reg.    16,  «Pages    37,     3P.    43.    45,  ^"Pages  25.  46,  48,  54,  60, 

4,0^^2^90.  54.  55.  Reg.   19,  Page  61;     Reg.     21,     Page 

Vs?''^?^  A^  *°   ^^-            ^  .,^    °'=  Kes.  27,  Page  95-  94:  F.  I.  D.  47,  Pale 

«F.   I.    D.   52,   Page    116;  "Page  48.  11%;   RID  Vo   Pale 

Pages   8    46,   47.^48,  -Page  k  ii|     f!  I.  d!  Is,' Pafl 

52,  71,  Reg.  17,  Page  "Page  40;   Reg.  28,  Page  129. 

90    F.  I.  D.  42,  Page  96:  FIR  54,  Page  ''Pages   54.    55,    56;    Reg. 

441,          •                 r>  "5'   F.  I.  D.  ss,  Page  17,     Page     91;     Reg. 

"Pages   40,    42,    Reg.    17,  119;   F.  I.  ]X  56,  Page  19;  Page  93 

,,„    Page  90.  120. 
"Pages    40,    42,    6.3,    66, 
Reg.   17,  Page  90. 


The  Food  and  Drugs  Act.  79 

when  not  so,'^"  or  if  the  contents  of  the  package  as  originally 
put  up  shall  have  been  removed  in  whole  or  in  part  and  other 
contents  shall  have  been  placed  in  such  package,"  or  if  it 
fail  to  bear  a  statement  on  the  label  of  the  quantity  or  pro- 
portion of  any  morphine,  opium,  cocaine,  heroin,  alpha  or 
beta  eucaine,  chloroform,  cannabis  indica,  chloral  hydrate, 
or  acetanilide,  or  any  derivative  or  preparation  of  any  of 
such  substances  contained  therein.^* 

Third.  If  in  package  form,  and  the  contents  are  stated  in 
terms  of  weight  or  measure,  they  are  not  plainly  and  cor- 
rectly stated  on  the  outside  of  the  package.^^ 

Fourth.  If  the  package  containing  it  or  its  labeP®  shall 
bear  any  statement,  design,  or  device  regarding  the  ingre- 
dients or  the  substances  contained  therein,  which  statement, 
design,  or  device  shall  be  false  or  misleading  in  any  par- 
ticular :^^  Provided,  That  an  article  of  food  which  does  not 
contain  any  added  poisonous  or  deleterious  ingredients^® 
shall  not  be  deemed  to  be  adulterated  or  misbranded  in  the 
following  cases : 

First :  In  the  case  of  mixtures  or  compounds^''  which  may 
be  now  or  from  time  to  time  hereafter  known  as  articles  of 
food,  under  their  own  distinctive  names,  and  not  an  imita- 
tion of  or  offered  for  sale  under  the  distinctive  name  of 
another  article,  if  the  name  be  accompanied  on  the  same 
label  or  brand  with  a  statement  of  the  place  where  said 
article  has  been  manufactured  or  produced."" 

Second  In  the  case  of  articles  labeled,  branded,  or  tagged 
so  as  to  plainly  indicate  that  they  are  compounds,"^  imita- 
tions,"- or  blends,*^'*  and  the  word  "compound,"  "imitation," 
or  "blend,"  as  the  case  may  be,  is  plainly  stated  on  the  pack- 


"Pages  49,  56.  93;  V.   I.  D.  42,  Page      42,  Page  :o6;  F.  I. 

"Page  so,  Reg.  28,  Page  106;  F.  I.  D.  65,  Page      D.  65,  Page  129. 

97.  129.                                       "''Pages    25,    27,    61,    62; 

=-'Fages    37,    57,    Reg.    29,  '"Pages   44,    58;    Reg.    27,              Keg.     21,     Page     9.1; 

Page  98.  T'age  96.                                     I'.  I.  n.  42,  Page   106; 

^See  note  43,  Page  78.  "'Pages  25,  27,  58,  59,  60,             F.  I.  D.  65,  Page    129. 

"Pages   40,    42,    Reg.    17,  61,   62;    F.    I.    f).   42, 

Page  90.  Page    :o6;    F.    I.    D. 

"Pages    28,    29,    30,    34,  65,   Page   129. 

Reg.    IS,  Page  89. 


8o  The  Food  and  Drugs  Act. 

age  in  which  it  is  offered  for  sale :  Provided,  That  the  term 
blend  as  used  herein  shall  be  construed  to  mean  a  mixture 
of  like  substances,"*  not  excluding  harmless  coloring  or  fla- 
voring ingredients  used  for  the  purpose  of  coloring  and 
flavoring  only :  And  provided  further.  That  nothing  in  this 
Act  shall  be  construed  as  requiring  or  compelling  proprietors 
or  manufacturers  of  proprietary  foods*'^  which  contain  no 
unwholesome  added  ingredient  to  disclose  their  trade  for- 
mulas, except  in  so  far  as  the  provisions  of  this  Act  may  re- 
quire to  secure  freedom  from  adulteration  or  misbranding." 

Sec.  9."®  That  no  dealer  shall  be  prosecuted  under  the 
provisions  of  this  Act  when  he  can  establish  a  guaranty 
signed  by  the  wholesaler,  jobber,  manufacturer,  or  other 
party  residing  in  the  United  States,  from  whom  he  pur- 
chases such  articles,  to  the  effect  that  the  same  is  not  adul- 
terated or  misbranded  within  the  meaning  of  this  Act,  desig- 
nating it.  Said  guaranty,  to  afford  protection,  shall  contain 
the  name  and  address  of  the  party  or  parties  making  the 
sale  of  such  articles  to  such  dealer,  and  in  such  case  said 
party  or  parties  shall  be  amenable  to  the  prosecutions,  fines, 
and  other  penalties  which  would  attach,  in  due  course,  to  the 
dealer  under  the  provisions  of  this  Act."** 

Sec.  10.  That  any  article  of  food,  drug,  or  liquor  that  is 
adulterated  or  misbranded  within  the  meaning  of  this  Act, 
and  is  being  transported  from  one  State,  Territory,  District, 
or  insular  possession  to  another  for  sale,  or,  having  been 
transported,  remains  unloaded,  unsold,  or  in  original  un- 
broken packages,  or  if  it  be  sold  or  offered  for  sale  in  the 
District  of  Columbia  or  the  Territories,  or  insular  posses- 
sions of  the  United  States,  or  if  it  be  imported  from  a 
foreign  country  for  sale,  or  if  it  is  intended  for  export  to  a 
foreign  country,  shall  be  liable  to  be  proceeded  against  in 
any  district  court  of  the  United  States  within  the  district 

"Page    62;    F.    I.    D.    65,  "Page,   62    Reg.    8,    Page      "Sees,     i     and    2,    Pages 
Page    129.  86.  73.    74- 

«=Pages    25,    62;    Reg.    8,  ""Pages  64  to  76,   Reg.  9, 
Page  86.  Page   87. 


The  Food  and  Drugs  Act.  8i 

where  the  same  is  found,  and  seized'"  for  confiscation  by  a 
process  of  libel  for  condemnation.  And  if  such  article  is 
condemned  as  being  adulterated  or  misbranded,  or  of  a 
poisonous  or  deleterious  character,  within  the  meaning  of 
this  Act,  the  same  shall  be  disposed  of  by  destruction  or 
sale,  as  the  said  court  may  direct,  and  the  proceeds  thereof, 
if  sold,  less  the  legal  costs  and  charges,  shall  be  paid  into  the 
Treasury  of  the  United  States,  but  such  goods  shall  not  be 
sold  in  any  jurisdiction  contrary  to  the  provisions  of  this 
Act  or  the  laws  of  that  jurisdiction :  Provided.,  however, 
That  upon  the  payment  of  the  costs  of  such  libel  proceedings 
and  the  execution  and  delivery  of  a  good  and  sufficient  bond 
to  the  effect  that  such  articles  shall  not  be  sold  or  otherwise 
disposed  of  contrary  to  the  provisions  of  this  Act,  or  the 
laws  of  any  State,  Territory,  District,  or  insular  possession, 
the  court  may  by  order  direct  that  such  articles  be  delivered 
to  the  owner  thereof.  The  proceedings  of  such  libel  cases 
shall  conform,  as  near  as  may  be,  to  the  proceedings  in  ad- 
miralty, except  that  either  party  may  demand  trial  by  jury 
of  any  issue  of  fact  joined  in  any  such  case,  and  all  such 
proceedings  shall  be  at  the  suit  of  and  in  the  name  of  the 
United  States. 

Sec.  ii.'^  The  Secretary  of  the  Treasury  shall  deliver  to 
the  Secretary  of  Agriculture,  upon  his  request  from  time  to 
time,  samples  of  foods  and  drugs  which  are  being  imported 
into  the  United  States  or  offered  for  import,^'  §"i^'i"g  notice 
thereof  to  the  owner  of  consignee,  who  may  appear  before 
the  Secretary  of  Agriculture,  and  have  the  right  to  introduce 
testimony,  and  if  it  appear  from  the  examination  of  such 
samples  that  any  article  of  food  or  drug  offered  to  be  im- 
ported into  the  United  States  is  adulterated  or  misbranded: 
within  the  meaning  of  this  Act,  or  is  otherwise  dangerous  to- 
the  health  of  the  people  of  the  United  States,  or  is  of  a: 
kind  forbidden  entry  into,  or  forbidden  to  be  sold  or  re- 
stricted in  sale  in  the  country  in  which  it  is  made  or  from 

"Page   II.  "Pages  9,    10,    13. 

"Pages    9,    10,    13,    Regs.  3.3    to   38,    I'agcs    100   to    102. 


82  The  Food  and  Drugs  Act. 

which  it  is  exported,  or  is  otherwise  falsely  labeled  in  any 
respect,  the  said  article  shall  be  refused  admission,  and  the 
Secretary  of  the  Treasury  shall  refuse  delivery  to  the  con- 
signee and  shall  cause  the  destruction  of  any  goods  refused 
delivery  which  shall  not  be  exported  by  the  consignee  within 
three  months  from  the  date  of  notice  of  such  refusal  under 
such  regulations  as  the  Secretary  of  the  Treasury  may  pre- 
scribe :  Provided,  That  the  Secretary  of  the  Treasury  may 
deliver  to  the  consignee  such  goods  pending  examination  and 
decision  in  the  matter  on  execution  of  a  penal  bond  for  the 
amount  of  the  full  invoice  value  of  such  goods,  together  with 
the  duty  thereon,  and  on  refusal  to  return  such  goods  for 
any  cause  to  the  custody  of  the  Secretary  of  the  Treasury, 
when  demanded,  for  the  purpose  of  excluding  them  from 
the  country,  or  for  any  other  purpose,  said  consignee  shall 
forfeit  the  full  amount  of  the  bond:  And  provided  fiirtJier, 
That  all  charges  for  storage,  cartage,  and  labor  on  goods 
which  are  refused  admission  or  delivery  shall  be  paid  by  the 
owner  or  consignee,  and  in  default  of  such  payment  shall 
constitute  a  lien  against  any  future  importation  made  by  such 
owner  or  consignee. 

Sec.  12.  That  the  term  "Territory"  as  used  in  this  Act 
shall  include  the  insular  possessions  of  the  United  States.'* 
The  word  "person"  as  used  in  this  Act  shall  be  construed  to 
import  both  the  plural  and  the  singular,  as  the  case  de- 
mands, and  shall  include  corporations,  companies,  societies 
and  associations.  When  construing  and  enforcing  the  pro- 
visions of  this  Act,  the  act,  omission,  or  failure  of  any 
officer,  agent,  or  other  person  acting  for  or  employed  by  any 
corporation,  company,  society,  or  association,  within  the 
scope  of  his  employment  or  office,  shall  in  every  case  be  also 
deemed  to  be  the  act,  omission,  or  failure  of  such  corpora- 
tion, company,  society,  or  association  as  well  as  that  of  the 
person. 

Sec.  13.  That  this  Act  shall  be  in  force  and  effect  from 
and  after  the  first  day  of  January,  nineteen  hundred  and 
seven. 

Approved,  June  30,  1906. 


UNITED  STATES  DEPARTMENT 
OF  AGRICULTURE. 

Office  of  the  Secretary — Circular  No.  21 


LETTER  OF  TRANSMITTAL. 

Washington,  D.  C,  October  i6,  1906. 
The  Secretaries  of  the  Treasury,  of  Agriculture,  and  of  Commerce  and 
Labor. 

Sirs  :  The  Commission  appointed  to  represent  your  several  Depart- 
ments in  the  formulation  of  uniform  rules  and  regulations  for  the 
enforcement  of  the  food  and  drugs  act,  approved  June  30,  1906,  has 
reached  a  unanimous  agreement  and  respectfully  submits  the  results  of 
its  deliberations  and  recommends  their  adoption. 
Very  respectfully, 

H.  W.  Wiley, 
James  L.  Gerry, 
S.  N.  D.  North. 


RULES  AND  REGULATIONS  FOR  THE  ENFORCEMENT  OF 
THE  FOOD  AND  DRUGS  ACT. 


General. 

Regulation  i.  Short  Title  of  the  Act. 
The  act,  "For  preventing  the  manufacture,  sale,  or  trans- 
portation of  adulterated  or  misbranded  or  poisonous  or 
deleterious  foods,  drugs,  medicines,  and  liquors,  and  for 
regulating  traffic  therein,  and  for  other  purposes,"  approved 
June  30,  1906,  shall  be  known  and  referred  to  as  "The 
Food  and  Drugs  Act,  June  30,  1906." 

Regulation  2.  Original  Unbroken  Package. 
(Section  2.)' 

The  term  "original  unbroken  package""  as  used  in  this 
act  is  the  original  package,  carton,  case,  can,  box,  barrel, 
bottle,  phial,  or  other  receptacle  i)ut  up  by  the  manufacturer, 
to  which  the  label  is  attached,  or  which  may  be  suitable  for 

'Page    73.  -PaRcs   3,   4,    s.    7.    8,    14,    22,  49,  64,  65,  66. 


84  Rules  and  Regulation. 

the  attachment  of  a  label,  making  one  complete  package  of 
the  food  or  drug  article.  The  original  package  contem- 
plated includes  both  the  wholesale  and  the  retail  package. 

Regulation  3.  Collection  of  Samples.' 
(Section  4.)* 

Samples  of  unbroken  packages  shall  be  collected  only  by 
authorized  agents  of  the  Department  of  Agriculture;  or 
by  the  health,  food,  or  drug  officer  of  any  State,  Territory, 
or  the  District  of  Columbia,  when  commissioned  by  the 
Secretary  of  Agriculture  for  this  purpose. 

Samples  may  be  purchased'  in  the  open  market,  and  if 
in  bulk  the  marks,  brands,  or  tags  upon  the  package,  carton, 
container,  wrapper,  or  accompanying  printed  or  written 
matter  shall  be  noted.  The  collector  shall  also  note  the 
names  of  the  vendor  and  agent  thru  whom  the  sale  was 
actually  made,  together  with  the  date  of  purchase.  The 
collector  shall  purchase  representative  samples. 

A  sample  shall  be  divided  into  three  parts, °  and  each  part 
shall  be  labeled  with  the  identifying  marks.  All  samples 
shall  be  sealed  by  the  collector  with  a  seal  provided  for  the 
purpose.  If  the  package  be  less  than  4  pounds,  or  in  volume 
less  than  2  quarts,  three  packages  of  approximately  the  same 
size  shall  be  purchased  and  the  marks  and  tags  upon  each 
noted  as  above.  One  sample  shall  be  delivered  to  the  party 
from  whom  purchased  or  to  the  party  guaranteeing  such 
merchandise.^  One  sample  shall  be  sent  to  the  Bureau  of 
Chemistry,  or  to  such  chemist  or  examiner  as  may  be  desig- 
nated by  the  Secretary  of  Agriculture,  and  the  third  sample 
shall  be  held  under  seal  by  the  Secretary  of  Agriculture. 

Regulation  4.  Methods  of  Analysis.' 
(Section  4.)' 
Unless  otherwise  directed  by  the  Secretary  of  Agricul- 
ture, the  methods  of  analysis  employed  shall  be  those  pre- 

^Pages    13,    14.  "Page  13.  'Pages   6,    15. 

*Page  75.  'Pages    13,   64.  'Page   75. 

'Page   13. 


Hearings.  85 

scribed  by  the  Association  of  Official  Agricultural  Chemists 
and  the  United  States  Pharmacopoeia. 

Regulation   5.  Hearings. 
(Section  4.)'" 

(a)  When  the  examination  or  analysis  shows  that  the 
provisions  of  the  food  and  drugs  act,  June  30,  1906,  have 
been  violated,  notice  of  that  fact,  together  with  a  copy  of 
the  findings,  shall  be  furnished  to  the  party  or  parties  from 
whom  the  sample  was  obtained  or  who  executed  the  guar- 
anty as  provided  in  the  food  and  drugs  act,  June  30,  1906, 
and  a  date  shall  be  fixt  at  which  such  party  or  parties  may 
be  heard  before  the  Secretary  of  Agriculture,  or  such  other 
official  connected  with  the  food  and  drug  inspection  service 
as  may  be  commissioned  by  him  for  that  purpose.  The 
hearings  shall  be  had  at  a  place,  to  be  designated  by  the 
Secretary  of  Agriculture,  most  convenient  for  all  parties 
concerned.  These  hearings  shall  be  private  and  confined 
to  questions  of  fact.  The  parties  interested  therein  may 
appear  in  person  or  by  attorney  and  may  propound  proper 
interrogatories  and  submit  oral  or  written  evidence  to  show 
any  fault  or  error  in  the  findings  of  the  analyst  or  examiner. 
The  Secretary  of  Agriculture  may  order  a  re-examination 
of  the  sample  or  have  new  samples  drawn  for  further  exam- 
ination. 

(b)  If  the  examination  or  analysis  be  found  correct  the 
Secretary  of  Agriculture  shall  give  notice  to  the  United 
States  district  attorney  as  prescribed." 

(c)  Any  health,  food,  or  drug  officer  or  agent  of  any 
State,  Territory,  or  the  District  of  Columbia  who  shall  ob- 
tain satisfactory  evidence  of  any  violation  of  the  food  and 
drugs  act,  June  30,  1906,  as  provided  in  section  5  thereof, 
shall  first  submit  the  same  to  the  Secretary  of  Agriculture, 
in  order  that  the  latter  may  cause  notice  to  be  given  to  the 
guarantor  or  to  the  party  from  whom  the  sample  was  ob- 
tained. 

">Page  75.  "Page   i6. 


86  Rules  and  Regulations. 

Regulation   6.  Publication. 
(Section  4.)" 

(a)  When  a  judgment  of  the  court  shall  have  been  ren- 
dered there  may  be  a  publication  of  the  findings  of  the 
examiner  or  analyst,  together  with  the  findings  of  the 
court. ^^ 

(b)  This  publication  may  be  made  in  the  form  of  cir- 
culars, notices,  or  bulletins,  as  the  Secretary  of  Agriculture 
may  direct,  not  less  than  thirty  days  after  judgment. 

(c)  If  an  appeal  be  taken  from  the  judgment  of  the 
court  before  such  publication,  notice  of  the  appeal  shall 
accompany  the  publication.^* 

Regulation  7.  Standards  for  Drugs. 
(Section  7.)" 

(a)  A  drug  bearing  a  name  recognized  in  the  United 
States  Pharmacopoeia  or  National  Formulary,  without  any 
further  statement  respecting  its  character,  shall  be  required 
to  conform  in  strength,  quality,  and  purity  to  the  standards 
prescribed  or  indicated  for  a  drug  of  the  same  name  recog- 
nized in  the  United  States  Pharmacopoeia  or  National  For- 
mulary, official  at  the  time. 

(b)  A  drug  bearing  a  name  recognized  in  the  United 
States  Pharmacopoeia  or  National  Formulary,  and  branded 
to  show  a  different  standard  of  strength,  quality,  or  purity, 
shall  not  be  regarded  as  adulterated  if  it  conforms  to  its 
declared  standard. 

Regulation  8.  Formulas — Proprietary  Foods. 
(Section  8,"  last  paragraph.) 
(a)  Manufacturers  of  proprietary  foods  are  only  required 
to  state  upon  the  label  the  names  and  percentages  of  the  ma- 
terials used,  in  so  far  as  the  Secretary  of  Agriculture  may 
find  this  to  be  necessary  to  secure  freedom  from  adulter- 
ation and  misbranding.^^ 

i^Page  75-  "Page  18.  .      "Page  79. 

ispagg   i7_  ^'Page  76.  . 


Guaranty.  -87 

(b)  The  factories  in  which  proprietary  foods  are  made 
shall  be  open  at  all  reasonable  times  to  the  inspection  pro- 
vided for  in  Regulation  16.^^ 

Regclation  9.  Form  of  Guaranty. 
(Section  9.)" 

(a)  No  dealer  in  food  or  drug  products  will  be  liable 
to  prosecution  if  he  can  establish  that  the  goods  were  sold 
under  a  guaranty  by  the  wholesaler,  manufacturer,  jobber, 
dealer,  or  other  party  residing  in  the  United  States  from 
whom  purchased."" 

(b)  A  general  guaranty  may  be  filed  with  the  Secretary 
of  Agriculture  by  the  manufacturer  or  dealer  and  be  given 
a  serial  number,  which  number  shall  appear  on  each  and 
every  package  of  goods  sold  under  such  guaranty  with  the 
words,  "Guaranteed  under  the  food  and  drugs  act,  June 
30,  1906."" 

(c)  The  following  form  of  guaranty  is  suggested.'^ 

I  (we)  the  undersigned  do  hereby  guarantee  that  the  articles  of 
foods  or  drugs  manufactured,  packed,  distributed,  or  sold  by  me  (us) 
[specifying  the  same  as  fully  as  possible]  are  not  adulterated  or  mis- 
branded  within  the  meaning  of  the  food  and  drugs  act,  June  30,  1906. 

(Signed  in  ink.)  — ' . 

[Name  and  place  of  business  of  wholesaler,  dealer,  manufacturer,  job- 
ber, or  other  party.] 

(d)  If  the  guaranty  be  not  filed  with  the  Secretary  of 
Agriculture  as  above,  it  should  identify  and  be  attached  to 
the  bill  of  sale,  invoice,  bill  of  lading,  or  other  schedule  giv- 
ing the  names  and  quantities  of  the  articles  sold. 

Adulteration. 

Regulation  10.  Confectionery. 
(Section  7.)^ 

(a)  Mineral  substances  of  all  kinds  (except  as  provided 
in  Regulation  15)  are  specifically  forbidden  in  confectionery 
whether  they  be  poisonous  or  not. 

"Pages  5,   7.  "'Pages  64,    67.  ^^Pagc  64,    !•".     [.     1).    40, 

'"Page  89.  ^'Pagc  64.  Page    105. 

'"Page  80.  ^-I'.-ige   77. 


88  Rules  and  Regulations. 

(b)  Only  harmless  colors  or  flavors  shall  be  added  to 
confectionery. 

(c)  The  term  "narcotic  drugs"  includes  all  the  drugs 
mentioned  in  section  8.  food  and  drugs  act,  June  30,  1906, 
relating  to  foods,  their  derivatives  and  preparations,  and 
all  other  drugs  of  a  narcotic  nature. 

Regulation   ii.  Substances   Mixt  and   Packed  with   Foods. 
(Section  7,"*  under  "Foods.") 

No  substance  may  be  mixt  or  packed  with  a  food  product 
which  will  reduce  or  lower  its  quality  or  strength. ^^  Not 
excluded  under  this  provision  are  substances  properly  used 
in  the  preparation  of  food  products  for  clarification  or  refin- 
ing, and  eliminated  in  the  further  process  of  manufacture.''' 

Regulation   12.  Coloring,  Powdering,  Coating,  and  Staining. 
(Section  7,^  under  "Foods.") 

(a.)   Only  harmless  colors  may  be  used  in  food  products.''' 

(b)  The  reduction  of  a  substance  to  a  powder  to  conceal 
inferiority  in  character  is  prohibited."® 

(c)  The  term  "powdered"  means  the  application  of  any 
powdered  substance  to  the  exterior  portion  of  articles  of 
food,  or  the  reduction  of  a  substance  to  a  powder. 

(d)  The  term  "coated"-"  means  the  application  of  any 
substance  to  the  exterior  portion  of  a  food  product. 

(e)  The  term  "stain"^'^  includes  any  change  produced  by 
the  addition  of  any  substance  to  the  exterior  portion  of 
foods  which  in  any  way  alters  their  natural  tint. 

Regulation  13.  Natural  Poisonous  or  Deleterious  Ingredients."* 
(Section  7,'*  paragraph  5,  under  "Foods.") 

Any  food  product  which  contains  naturally  a  poisonous 
or  deleterious  ingredient  does  not  come  within  the  provi- 
sions of  the  food  and  drugs  act,  June  30,  1906,  except  when 

^Page  77.  ='Pages   27,    34.  ■''"Page  28. 

"'Pages  21,   24,   25.  -*Page  27.  ^'Page  29. 

26pages  25,    so.  -"J 'age  28. 


Colors  and  Preservatives.  89 

the  presence  of  such  ingredient  is  due  to  filth,  putrescence,  or 
decomposition. 

Regulation    14.  External    Applicktiox    of    Preservatives.'' 
(Section  7,"  paragraph  5,  under  "Foods,"  proviso.) 

(a)  Poisonous  or  deleterious  preservatives  shall  only  be 
applied  externally,  and  they  and  the  food  products  shall  be 
of  a  character  which  shall  not  permit  the  permeation  of  any 
of  the  preservative  to  the  interior,  or  any  portion  of  the 
interior,  of  the  product. 

(b)  When  these  products  are  ready  for  consumption,  if 
any  portion  of  the  added  preservative  shall  have  penetrated 
the  food  product,  then  the  proviso  of  section  7,  paragraph  5, 
under  "Foods,"  shall  not  obtain,  and  such  food  products 
shall  then  be  subject  to  the  regulations  for  food  products  in 
general. 

(c)  The  preservative  applied  must  be  of  such  a  character 
that,  until  removed,  the  food  products  are  inedible. 

Regulation   15.  Wholesomeness  of   Colors  and  Preservatives.'^ 
(Section  7,'^  paragraph  5,  under  "Foods.") 

(a)  Respecting  the  wholesomeness  of  colors,  preserva- 
tives, and  other  substances  which  are  added  to  foods,  the 
Secretary  of  Agriculture  shall  determine  from  chemical  or 
other  examination,  under  the  authority  of  the  agricultural 
appropriation  act.  Public  382,  approved  June  30,  1906, 
the  names  of  those  substances  which  are  permitted  or  in- 
hibited in  food  products;  and  such  findings,  when  approved 
by  the  Secretary  of  the  Treasury  and  the  Secretary  of  Com- 
merce and  Labor,  shall  become  a  part  of  these  regulations. 

(b)  The  Secretary  of  Agriculture  shall  determine  from 
time  to  time,  in  accordance  with  the  authority  conferred  by 
the  agricultural  appropriation  act.  Public  382,  approved 
June  30,  1906,  the  principles  which  shall  guide  the  use  of 
colors,  preservatives,  and  other  substances  added  to  foods; 

'^ Pages   28,    31.  ""Page  77. 

"Page    29,    F.    I.    D.    48,    Page    114;   F.  I.  D.  51,  Page  1 15. 


90  Rules  and  Regulations. 

and  when  concurred  in  by  the  Secretary  of  the  Treasury  and 
the  Secretary  of  Commerce  and  Labor,  the  principles  so 
established  shall  become  a  part  of  these  regulations. 

Regulation  i6.  Character  of  the  Raw  Materials. 
(Section  7/*  paragraph  I,  under  "Drugs;"  paragraph  6,  under  "Foods.") 

(a)  The  Secretary  of  Agriculture,  when  he  deems  it  nec- 
essary, shall  examine^^  the  raw  materials  used  in  the  manu- 
facture of  food  and  drug  products,  and  determine  whether 
any  filthy,  decomposed,  or  putrid  substance  is  used  in  their 
preparation. 

(b)  The  Secretary  of  Agriculture  shall  make  such  inspec- 
tions as  often  as  he  may  deem  necessary. 

Misbranding. 

Regulation  17.  Label." 
(Section  8.)" 

(a)  The  term  "label"  applies  to  any  printed,  pictorial,  or 
other  matter  upon  or  attached  to  any  package  of  a  food  or 
drug  product,  or  any  container  thereof. 

(b)  The  principal  label  shall  consist,  first,  of  all  words 
which  the  food  and  drugs  act,  June  30,  1906,  specifically 
requires,  to  wit,  the  name  of  the  substance  or  product  f^  the 
name  of  place  of  manufacture^^  in  the  case  of  food  com- 
pounds or  mixtures;  words  which  show  that  the  articles 
are  compounds,  mixtures,  or  blends;  the  words  "compound," 
"mixture,"  or  "blend ;"  or  words  designating  the  substances 
or  their  derivatives  and  proportions  required  to  be  named 
in  the  case  of  drugs  and  foods.  All  these  required  words 
shall  appear  upon  the  principal  label  with  no  intervening 
descriptive  or  explanatory  reading  matter.  Second,  if  the 
name  of  the  manufacturer*"  and  place  of  manufacture*^  are 
given,  they  shall  also  appear  upon  the  principal  label.   Third, 

'^Pages   76,   77.  ^Tages  8,  46,  47,   53,   56,     ='Page  78. 

^Pages  5,  7.  ~      -       . 


^'Pages  8, 

46. 

47. 

■;^. 

S6, 

71. 

K. 

1. 

1). 

=52. 

Page 

116. 

Labels.  91 

elsewhere  upon  the  principal  label  other  matter  may  appear 
in  the  discretion  of  the  manufacturer. •*- 

(c)  The  principal  label  on  foods  or  drugs  for  domestic 
commerce  shall  be  printed  in  English  (except  as  provided  in 
Regulation  19),  with  or  without  the  foreign  label  in  the 
language  of  the  country  where  the  food  or  drug  product  is 
produced  or  manufactured."  The  size  of  type  shall  not  be 
smaller  than  8-point  (brevier)  caps:  Provided,  That  in 
case  the  size  of  the  package  will  not  permit  the  use  of  8-point 
cap  type  the  size  of  the  type  may  be  reduced  proportionately. 

{d)  The  form,  character,  and  appearance  of  the  labels, 
except  as  provided  above,  are  left  to  the  judgment  of  the 
manufacturer. 

{e)  Descriptive  matter  upon  the  label  shall  be  free  from 
any  statement,  design,  or  device  regarding  the  article  or  the 
ingredients  or  substances  contained  therein,  or  quality  there- 
of, or  place  of  origin,  which  is  false  or  misleading  in  any 
particular. 

(/)  An  article  containing  more  than  one  food  product  or 
active  medicinal  agent  is  misbranded  if  named  after  a  single 
constituent. 

In  the  case  of  drugs  the  nomenclature  employed  by  the 
United  States  Pharmacopoeia  and  the  National  Formulary 
shall  obtain. 

ig)  The  term  "design"  or  "device"  applies  to  pictorial 
matter  of  every  description,  and  to  abbreviations,  characters, 
or  signs  for  weights,  measures,  or  names  of  substances. 

(//)  The  use  of  any  false  or  misleading  statement,  de- 
sign, or  device  shall  not  be  justified  by  any  statement  given 
as  the  opinion  of  an  expert  or  other  person,  appearing  on 
any  part  of  the  label,  nor  by  any  descriptive  matter  explain- 
ing the  use  of  the  false  or  misleading  statement,  design,  or 
device. 

(z)  The  regulation  regarding  the  principal  label  will  not 
be  enforced  until  October   i,    1907,   in  the  case  of  labels 

"Page  s6. 


92  Rules  and  Regulations. 

printed  and  now  on  hand,  whenever  any  statement  therein 
contained  which  is  contrary  to  the  food  and  drugs  act,  June 
30,  1906.  as  to  character  of  contents,  shall  be  corrected  by  a 
supplemental  label,  stamp,  or  paster.  All  other  labels  now 
printed  and  on  hand  may  be  used  without  change  until  Oc- 
tober I,  1907.''* 

Regulation  18.  Name  and  Address  of  Manufacturer. 
(Section  8.)*' 

(a)  The  name  of  the  manufacturer  or  producer,  or  the 
place  where  manufactured,  except  in  case  of  mixtures  and 
compounds  having  a  distinctive  name,  need  not  be  given 
upon  the  label,  but  if  given,  must  be  the  true  name  and  the 

true  place.**'     The  words  "packed  for ,"  "distributed 

by ,"  or  some  equivalent  phrase,  shall  be  added  to 

the  label  in  case  the  name  which  appears  upon  the  label 
is  not  that  of  the  actual  manufacturer  or  producer,  or  the 
name  of  the  place  not  the  actual  place  of  manufacture  or 
production.*' 

(b)  When  a  person,  firm,  or  corporation  actually  manu- 
factures or  produces  an  article  of  food  or  drug  in  two  or 
more  places,  the  actual  place  of  manufacture  or  produc- 
tion of  each  particular  package  need  not  be  stated  on  the 
label  except  when  in  the  opinion  of  the  Secretary  of  Agricul- 
ture the  mention  of  any  such  place,  to  the  exclusion  of  the 
others,  misleads  the  public.*^ 

Regulation  19.  Character  of  Name. 
(Section  8.)" 
(a)  A  simple  or  unmixt  food  or  drug  product  not  bear- 
ing a  distinctive  name  shall  be  designated  by  its  common 
name  in  the  English  language,  or,  if  a  drug,  by  any  name 
recognized  in  the  United  States  Pharmacopoeia  or  National 
Formulary.  No  further  description  of  its  components  or 
qualities  is  required,  except  as  to  content  of  alcohol,  mor- 
phine, etc. 

"Pages    8.    S3;    F-    I-    D-      *^Pages  41.  42,  47.  '"Page  46. 

43,  Page  107.  "Pages  41,  43,  44,  47.  <'Page  78. 

«Page  78. 


Distinctive  Name.  93 

(b)  The  use  of  a  geographical  name''°  shall  not  be  per- 
mitted in  connection  with  a  food  or  drug  product  not  manu- 
factured or  produced  in  that  place,  when  such  name  indicates 
that  the  article  was  manufactured  or  produced  in  that  place. 

(c)  The  use  of  a  geographical  name^'  in  connection  with 
a  food  or  drug  product  will  not  be  deemed  a  misbranding 
when  by  reason  of  long  usage  it  has  come  to  represent  a 
generic  term  and  is  used  to  indicate  a  style,  type,  or  brand; 
but  in  all  such  cases  the  State  or  Territory  where  any  such 
article  is  manufactured  or  produced  shall  be  stated  upon  the 
principal  label. 

(d)  A  foreign  name"  which  is  recognized  as  distinctive 
of  a  product  of  a  foreign  country  shall  not  be  used  upon  an 
article  of  domestic  origin  except  as  an  indication  of  the  type 
or  style  of  quality  or  manufacture,  and  then  only  when  so 
qualified  that  it  can  not  be  offered  for  sale  under  the  name 
of  a  foreign  article. 

Regula'tion   20.  Distinctive   Name. 
(Section  S.)'" 

(a)  A  "distinctive  name"^*  is  a  trade,  arbitrary,  or  fancy 
name  which  clearly  distinguishes  a  food  product,  mixture, 
or  compound  from  any  other  food  product,  mixture,  or  com- 
pound. 

(6)  A  distinctive  name  shall  not  be  one  representing  any 
single  constituent  of  a  mixture  or  compound. 

(c)  A  distinctive  name  shall  not  misrepresent  any  prop- 
erty or  quality  of  a  mixture  or  compound. 

(d)  A  distinctive  name  shall  give  no  false  indication  of 
origin,  character,  or  place  of  manufacture,  nor  lead  the  pur- 
chaser to  suppose  that  it  is  any  other  food  or  drug  product. 

Regulation    21.  Compounds,   Imitations,   or   Blends   Without    Dis- 
tinctive Name. 
(Section  8.)'' 

(a)  The  term  "blend"'"''  applies  to  a  mixture  of  like  sub- 
stances,''" not  excluding  harmless  coloring  or  flavoring  in- 

««Page  45.  "Pages    25,    54,    60.  "Paee    62,    F.    I.    D-    42, 

"Page  45.  "PaRcs  25,  27,  61,  62;  F.  I'aKc  106;    !•.  I.  P.  45. 

"Page  56.                                           r.    I).    42,    Page    106;  Page  no;    K.  I.  H.  65, 

"Page  78.                                          F.  I.  D.  65,  Page    129.  Page  129- 


94  Rules  and  Regulations. 

gredients  used  for  the  purpose  of  coloring  and  flavoring 
only. 

(b)  If  any  age  is  stated,  it  shall  not  be  that  of  a  single 
one  of  its  constituents,  but  shall  be  the  average  of  all 
constituents  in  their  respective  proportions. 

(c)  Coloring  and  flavoring  cannot  be  used  for  increas- 
ing the  v\reight  or  bulk  of  a  blend." 

(d)  In  order  that  colors  or  flavors  may  not  increase  the 
volume  or  weight  of  a  blend,  they  are  not  to  be  used  in 
quantities  exceeding  i  pound  to  800  pounds  of  the  blend. 

(e)  A  color  or  flavor  can  not  be  employed  to  imitate  any 
natural  product  or  any  other  product  of  recognized  name 
and  quality. ^^ 

(f)  The  term  "imitation"  applies  to  any  mixture  or  com- 
pound which  is  a  counterfeit  or  fraudulent  simulation  of  any 
article  of  food  or  drug.^^ 

Regulation  22.  Articles  Without  a  Label. 
(Section  8,'°  paragraph  i,  under  "Drugs;"  paragraph  i,  under  "Foods.") 

It  is  prohibited  to  sell  or  offer  for  sale  a  food  or  drug 
product  bearing  no  label  upon  the  package  or  no  descriptive 
matter  whatever  connected  with  it,  either  by  design,  device, 
or  otherwise,  if  said  product  be  an  imitation  of  or  offered 
for  sale  under  the  name  of  another  article.*^^ 

Regulation  23.  Proper  Branding  not  a  Complete  Guaranty. 

Packages  which  are  correctly  branded  as  to  character  of 
contents,  place  of  manufacture,  name  of  manufacturer,  or 
otherwise,  may  be  adulterated  and  hence  not  entitled  to  enter 
into  interstate  commerce.*'" 

Regulation  24.  Incompleteness  of  Branding. 

A  compound  shall  be  deemed  misbranded  if  the  label  be 
incomplete  as  to  the  names  of  the  required  ingredients.  A 
simple  product  does  not  require  any  further  statement  than 

"Pages  25,  27,  61,  62,  F.  "Page    6i.  "Page  78. 

I.  I).  42,  Page  106;    F.  '"'Page    59,    F.  I.    D.    50,      "Page  46. 

I.    1).    45,    Page    1 10;             Page  115.  '-I'age    21. 
F.  I.  I).  65,  Page    129. 


Waste  Materials.  95 

the  name  or  distinctive  name  thereof,  except  as  provided  in 
Regulations  19  (a)*^^  and  28."* 

Regulation  25.  Substitution. 
(Sections  7"  and  8.") 

(a)  When  a  substance  of  a  recognized  quality  commonly 
used  in  the  preparation  of  a  food  or  drug  product  is  replaced 
by  another  substance  not  injurious  or  deleterious  to  health, 
the  name  of  the  substituted  substance  shall  appear  upon  the 
label. 

(b)  When  any  substance  which  does  not  reduce,  lower, 
or  injuriously  affect  its  quality  or  strength,  is  added  to  a 
food  or  drug  product,  other  than  that  necessary  to  its  manu- 
facture or  refining,  the  label  shall  bear  a  statement  to  that 
effect. 

Regulation  26.  Waste  Materials." 

(Section  8.)" 

When  an  article  is  made  up  of  refuse  materials,  frag- 
ments, or  trimmings,  the  use  of  the  name  of  the  substance 
from  which  they  are  derived,  unless  accompanied  by  a  state- 
ment to  that  effect,  shall  be  deemed  a  misbranding.  Pack- 
ages of  such  materials  may  be  labeled  "pieces,"  "stems," 
^'trimmings,"  or  with  some  similar  appellation. 

Regulation  27.  Mixtures  or  Compounds  with  Distinctive  Names." 
(Section  8."     First  proviso  under  "Foods,"  paragraph  i.) 

(a)  The  terms  "mixtures"  and  "compounds"  are  inter- 
changeable and  indicate  the  results  of  putting  together  two 
or  more  food  products. 

(b)  These  mixtures  or  compounds  shall  not  be  imita- 
tions of  other  articles,  whether  simple,  mixt,  or  compound, 
or  offered  for  sale  under  the  name  of  other  articles.  They 
shall  bear  a  distinctive  name  and  the  name  of  the  place  where 

•"•Pages   58.   59.    F-    I-    U- 
42,   Page    106. 


"Page  92. 

"Page  78. 

"Page  96. 

"Pages  26,  55. 

•'Page  76. 

■"Page    78. 

96  Rules  and  Regulations. 

the  mixture  or  compound  has  been  manufactured  or  pro- 
duced. 

(c)  If  the  name  of  the  place  be  one  which  is  found  in 
different  States,  Territories,  or  countries,  the  name  of  the 
State,  Territory,  or  country,  as  well  as  the  name  of  the 
place,  must  be  stated. 

Regulation  28.  Substances  Named  in  Drugs  or  Foods. 
(Section  8."     Second  under  "Drugs;''  second  under  "Foods.") 

(a)  The  term  "alcohol"  is  defined  to  mean  common  or 
ethyl  alcohol. ■^^  No  other  kind  of  alcohol  is  permissible  in 
the  manufacture  of  drugs  except  as  specified  in  the  United 
States  Pharmacopoeia  or  National  Formulary. 

(b)  The  words  alcohol,  morphine,  opium,  etc.,  and  the 
quantities  and  proportions  thereof,  shall  be  printed  in  letters 
corresponding  in  size  with  those  prescribed  in  Regulation  17, 
paragraph  (c)." 

(c)  A  drug,  or  food  product  except  in  respect  of  alcohol, 
is  misbranded  in  case  it  fails  to  bear  a  statement  on  the 
label  of  the  quantity  or  proportion"  of  any  alcohol,  mor- 
phine, opium,  heroin,  cocaine,  alpha  or  beta  eucaine,  chloro- 
form, cannabis  indica,  chloral  hydrate,  or  acetanilide,  or  any 
derivative  or  preparation  of  any  such  substances  contained 
therein. 

(d)  A  statement  of  the  maximum  quantity  or  proportion 
of  any  such  substances  present  will  meet  the  requirements, 
provided  the  maximum  stated  does  not  vary  materially  from 
the  average  quantity  or  proportion.'^* 

(e)  In  case  the  actual  quantity  or  proportion  is  stated  it 
shall  be  the  average  quantity  or  proportion  with  the  varia- 
tions noted  in  Regulation  29." 

(/)  The  following  are  the  principal  derivatives  and 
preparations  made  from  the  articles  which  are  required  to 
be  named  upon  the  label. ^^ 

'"Page  78.                                   "Page    51,    F.    I.    D.    53,  "Page    98. 

"Page    51,    F.    I.    D.    43,             Page  118;   F.  I.  D.  55,  "Page    50,    F.    I.    D.    54. 

Page  107.                                   Page    up;    F.    I.    D.  Page  119;   F.  I.  D.  55, 

"Page  91.                                           56,    Page    120.  Page  119;   F.  I.  D.  57, 

"Page  52.  F'age    122. 


Derivatives.  97 

Alcohol,   Ethyl  :    (Cologne   spirits.  Grain   alcohol,  Rectified  spirits, 
Spi>-its,  and  Spirits  of  wine.) 
Derivatives — 

Aldehyde,  Ether,  Ethyl  acetate,  Ethyl  nitrite,  and  Paraldehyde. 
Preparations  containing  alcohol — 
Bitters.     Brandies,     Cordials,     Elixirs,     Essences,     Fluidextracts, 
Spirits,  Sirups,  Tinctures,  Tonics,  Whiskies,  and  Wines. 

Morphine,  Alkaloid  : 
Derivatives — 
Apomorphine,  Dionine,  Peronine,  Morphine  acetate.  Hydrochlor- 
ide, Sulphate,  and  other  salts  of  morphine. 
Preparations  containing  morphine  or  derivatives  of  morphine — 
Bougies,  Catarrh  Snuff,  Chlorodyne,  Sompound  powder  of  mor- 
phine, Crayons,  Elixirs,  Granules,  Pills,  Solutions,  Sirups,  Sup- 
positories. Tablets,  Triturates,  and  Troches. 

Opium,  Gum  : 

Preparations  of  Opium — 

Extracts,  Denarcotized  opium,  Granulated  opium,  and  Powdered 
opium,  Bougies,  Brown  mixture.  Carminative  mixtures.  Cray- 
ons, Dover's  powder.  Elixirs,  Liniments,  Ointments,  Paregoric, 
Pills,  Plasters,  Sirups,  Suppositories,  Tablets,  Tinctures, 
Troches,  Vinegars,  and  Wines. 
Derivatives — 

Codeine,  Alkaloid,  Hydrochloride,  Phosphate,  Sulphate,  and  other 
salts  of  codeine. 
Preparations  containing  codeine  or  its  salts — 
Elixirs,  Pills,  Sirups,  and  Tablets. 

Cocaine,  Alkaloid  : 
Derivatives — 

Cocaine  hydrochloride,  Oleate,  and  other  salts. 
Preparations  containing  cocaine  or  salts  of  cocaine — 

Coca  leaves.  Catarrh  powders,  Elixirs,  Extracts,  Infusion  of  coca. 
Ointments,  Paste  pencils.  Pills,  Solutions,  Sirups,  Tablets,  Tinc- 
tures, Troches,  and  Wines. 

Heroin  : 

Preparations  containing  heroin — 
Sirups,  Elixirs,  Pills,  and  Tablets. 

Alpha  and  Beta  Eucaine: 
Preparations — 

Mixtures,  Ointments,  Powders,  and  Solutions.  \ 

Chloroform  : 

Preparations  containing  chloroform — 
Chloranodyne,   Elixirs,   Emulsions,   Liniments,   Mixtures,  Spirits^ 
and   Sirups. 

Cannahis  I.mjica  : 

Preparations  of  cannabis  indica — 

Corn  remedies.  Extracts,  Mixtures,  Pills,  Powders,  Tablets,  and 
Tinctures. 

Chloral  Hydrate  (Chloral,  U.  S.  Pharmacopoeia,  1890)  : 
Deriva  lives — 
Chloral     acetophenonoxim,     Chloral     alcoholatc,     Chloralamide, 


98  Rules  and  Regulations. 

Chloralimide,  Chloral  orthoform,  Chloralose,  Dormiol,  Hypnal, 
and  Uraline. 
Preparations  containing  chloral  hydrate  or  its  derivatives — 

Chloral    camphorate,    Elixirs,    Liniments,    Mixtures,    Ointments, 
Suppositories,  Sirups,  and  Tablets. 

AcETANiLiDE   (Autifebrine,  Phcnylacctamide)  : 
Derivatives — 

Acetphenetidine,  Citrophen,  Diacetanilide,  Lactophenin,  Methoxy- 
acetanilide,  Methylacetanilide,  Para-Iodoacetanilide,  and  Phe- 
nacetine. 
Preparations  containing  acetanilide  or  derivatives — 
Analgesics,  Antineuralgics,  Antirheumatics,  Cachets,  Capsules, 
Cold  remedies,  Elixirs,  Granular  effervescing  salts,  Headache 
powders.  Mixtures,  Pain  remedies,  Pills,  and  Tablets. 

•  Regulation  29.  Statement  of  Weight  or  Measure." 

(Section  8."     Third   under  "Foods.") 

(a)  A  statement  of  the  weight  or  measure  of  the  food 
contained  in  a  package  is  not  required.'^*  If  any  such  state- 
ment is  printed,  it  shall  be  a  plain  and  correct  statement  of 
the  average  net  weight  or  volume,  either  on  or  immediately 
above  or  below  the  principal  label,  and  of  the  size  of  letters 
specified  in  Regulation  17.''* 

{h)  A  reasonable  variation*'"  from  the  stated  weight  for 
individual  packages  is  permissible,  provided  this  variation  is 
as  often  above  as  below  the  weight  or  volume  stated.  This 
variation  shall  be  determined  by  the  inspector  from  the 
changes  in  the  humidity  of  the  atmosphere,  from  the  ex- 
posure of  the  package  to  evaporation  or  to  absorption  of 
water,  and  the  reasonable  variations  which  attend  the  filling 
and  weighing  or  measuring  of  a  package. 

Regulation  30.  Method  of  Stating  Quantity  or  Proportion. 
(Section  8.)" 

In  the  case  of  alcohol  the  expression  "quantity"  or  "pro- 
portion'"*^ shall  mean  the  average  percentage  by  volume  in 
the  finished  product.  In  the  case  of  the  other  ingredients  re- 
quired to  be  named  upon  the  label,  the  expression  "quantity" 
or  "proportion"^^  shall  mean  grains  or  minims  per  ounce  or 

"Pages   37.    S7.    K    I.    1^-     "Patfe  57.  '"Page  58. 

43,    Page    107.  '''Page  91.  "Pages  51,  52. 

"Pages   78,   79. 


Exports  and  Imports.  99 

fluid  ounce,  and  also,  if  desired,  the  metric  equivalents  there- 
for, or  milligrams  per  gram  or  per  cubic  centimeter,  or 
grams  or  cubic  centimeters  per  kilogram  or  per  liter;  pro- 
vided that  these  articles  shall  not  be  deemed  misbranded  if 
the  maximum  of  quantity  or  proportion  be  stated,  as  re- 
quired in  Regulation  28  (d).^- 

ExpoRTS  AND  Imports  of  Foods  and  Drugs. 

Regulation  31.  Preparation   of  Food  Products  for  Export. 
(Section  2.)*' 

(a)  Food  products  intended  for  export  may  contain 
added  substances  not  permitted  in  foods  intended  for  inter- 
state commerce,  when  the  addition  of  such  substances  does 
not  conflict  with  the  laws  of  the  countries  to  which  the  food 
products  are  to  be  exported  and  when  such  substances  are 
added  in  accordance  with  the  directions  of  the  foreign  pur- 
chaser or  his  agent. 

(b)  The  exporter  is  not  required  to  furnish  evidence  that 
goods  have  been  prepared  or  packed  in  compliance  with  the 
laws  of  the  foreign  country  to  which  said  goods  are  intended 
to  be  shipped,  but  such  shipment  is  made  at  his  own  risk. 

(c)  Food  products  for  export  under  this  regulation  shall 
be  kept  separate  and  labeled  to  indicate  that  they  are  for 
export. 

(d)  If  the  products  are  not  exported  they  shall  not  be 
allowed  to  enter  interstate  commerce. 

Regulation  32.  Imported  Food  and  Drug  Products. 
(Section  11.)" 
(a)  Meat  and  meat  food  products^^  imported  into  the 
United  States  shall  be  accompanied  by  a  certificate  of  official 
inspection  of  a  character  to  satisfy  the  Secretary  of  Agri- 
culture that  they  are  not  dangerous  to  health,  and  each 
package  of  such  articles  shall  bear  a  label  which  shall  iden- 

»=Page  96.  "'Page  8i.  »»Pages  9.    'o.  20. 

"Page  73. 


100  Rules  and  Regulations. 

tify  it  as  covered  by  the  certificate,  which  certificate  shall 
accompany  or  be  attached  to  the  invoice  on  which  entry  is 
made. 

(b)  The  certificate  shall  set  forth  the  official  position  of 
the  inspector  and  the  character  of  the  inspection. 

(c)  Meat  and  meat  food  products  as  well  as  all  other 
food  and  drug  products  of  a  kind  forbidden  entry  into  or 
forbidden  to  be  sold,  or  restricted  in  sale  in  the  country  in 
which  made  or  from  which  exported,  will  be  refused  ad- 
mission, 

(d)  Meat  and  meat  food  products  which  have  been  in- 
spected and  past  thu  the  customs  may,  if  identity  is  retained, 
be  transported  in  interstate  commerce. 

Regulation  33.    Declaration." 
(Section  11.)" 

(a)  All  invoices  of  food  or  drug  products  shipped  to  the 
United  States  shall  have  attached  to  them  a  declaration  of 
the  shipper,  made  before  a  United  States  consular  officer, 
as  follows : 

I,  the  undersigned,  do  solemnly  and  truly  declare  that  I  am  the 

(Manufacturer,  agent, 

of  the  merchandise  herein  mentioned  and  described,  and  that  it 

or  shipper.) 

consists  of  food  or  drug  products  which  contain  no  added  substances 
injurious  to  health. 
These  products  were  grown  in and  manufactured  in by 

(Country.)  (Coantry.) 

during  the  year  ,  and  are  exported  from  

(Name  of  manufacturer.)  (City.) 

and  consigned  to  .     The  products  bear  no  false  labels  or  marks, 

(City.) 

contain  added  coloring  matter  or  preservative  ,  and 

(Name  of  added  color  or  preservative.) 

are  not  of  a  character  to  cause  prohibition  or  restriction  in  the  country 
where  made  or  from  which  exported. 

Dated  at this day  of ,  19  — . 

(Signed)  : . 

(6)  In  the  case  of  importations  to  be  entered  at  New 
York,  Boston,  Philadelphia,  Chicago,  San  Francisco,  and 
New  Orleans,  and  other  ports  where  food  and  drug  inspec- 

"Page   II.  "'Page  8i. 


Imports.  10 1 

tion  laboratories  shall  be  established,  this  declaration  shall 
be  attached  to  the  invoice  on  which  entry  is  made.  In  other 
cases  the  declaration  shall  be  attached  to  the  copy  of  the 
invoice  sent  to  the  Bureau  of  Chemistry. 

Regulation  34.  Denaturing. 
(Section  11.)" 

Unless  otherwise  declared  on  the  invoice  or  entry,  all  sub- 
stances ordinarily  used  as  food  products  will  be  treated  as 
such.  Shipments  of  substances  ordinarily  used  as  food  pro- 
ducts intended  for  technical  purposes  must  be  accompanied 
by  a  declaration  stating  that  fact,  and  must  be  so  denatured 
as  to  prevent  their  use  as  foods. 

Regulation  35.  Bond^  Imported  Foods,  and  Drugs. 
(Section  ii.)** 

Unexamined  packages  of  food  and  drug  products  may  be 
delivered  to  the  consignee  prior  to  the  completion  of  the 
examination  to  determine  whether  the  same  are  adulterated 
or  misbranded  upon  the  execution  of  a  penal  bond  by  the 
consignee  in  the  sum  of  the  invoice  value  of  such  goods  with 
the  duty  added,  for  the  return  of  the  goods  to  customs  cus- 
tody. 

Regulation  36.  Notification  of  Violation  of  the  Law. 
(Section  ii.)"* 

If  the  sample  on  analysis  or  examination  be  found  not  to 
comply  with  the  law,  the  importer  shall  be  notified  of  the 
nature  of  the  violation,  the  time  and  place  at  which  final 
action  will  be  taken  upon  the  question  of  the  exclusion 
of  the  shipment,  and  that  he  may  be  present,  and  submit 
evidence,  which  evidence  (Form  15),  with  a  sample  of  the 
article,  shall  be  forwarded  to  the  Bureau  of  Chemistry  at 
Washington,  accompanied  by  report  card  (Forms  16,  17, 
18,  19,  and  20). 

"Page  81. 


102  Rules  and  Regulations. 

Regulation    27-  Appeal    to    the    Secretary    of    Agriculture    and 
Remuneration. 

(Section  ii.)^' 
All  applications  for  relief  from  decisions  arising  under  the 
execution  of  the  law  should  be  addrest  to  the  Secretary  of 
Agriculture,  and  all  vouchers  or  accounts  for  remuneration 
for  samples  shall  be  filed  with  the  chief  of  the  inspection 
laboratory,  who  shall  forward  the  same,  with  his  recom- 
mendation, to  the  Department  of  Agriculture  for  action. 

Regulation  38.  Shipment  Beyond  the  Jurisdiction  of  the  United 

States. 

(Section  ii.)'" 

The  time  allowed  the  importer  for  representations  regard- 
ing the  shipment  may  be  extended  at  his  request  to  permit 
him  to  secure  such  evidence  as  he  desires,  provided  that  this 
extension  of  time  does  not  entail  any  expense  to  the  De- 
partment of  Agriculture.  If  at  the  expiration  of  this  time, 
in  view  of  the  data  secured  in  inspecting  the  sample  and 
such  evidence  as  may  have  been  submitted  by  the  manufac- 
turers or  importers,  it  appears  that  the  shipment  can  not  be 
legally  imported  into  the  United  States,  the  Secretary  of 
Agriculture  shall  request  the  Secretary  of  the  Treasury  to 
refuse  to  deliver  the  shipment  in  question  to  the  consignee, 
and  to  require  its  reshipment  beyond  the  jurisdiction  of  the 
United  States. 

Regulation  39.  Application  of  Regulations. 

These  regulations  shall  not  apply  to  domestic  meat  and 
meat  food  products  which  are  prepared,  transported,  or  sold 
in  interstate  or  foreign  commerce  under  the  meat-inspection 
law  and  the  regulations  of  the  Secretary  of  Agriculture 
made  thereunder.''" 

Regulation  40.  Alteration  and  Amendment  of  Regulations. 
These  regulations  may  be  altered  or  amended  at  any  time, 

sspage    81.  "'Pages  9,  lo,  20. 


Rules  and  Reg^iilations.  103 

without  previous  notice,  with  the  concurrence  of  the  Secre- 
tary of  the  Treasury,  the  Secretary  of  Agriculture,  and  the 
Secretary  of  Commerce  and  Labor. 

The  above  rules  and  regulations  are  hereby  adopted. 

Leslie  M.  Shaw, 
Secretary  of  the  Treasury. 
James  Wilson, 
Secretary  of  Agriculture. 
Victor  H.  Metcalf, 
Secretary  of  Commerce  and  Labor. 

Washington,  D.  C,  October  17,  1906. 


UNITED  STATES  DEPARTMENT   OF  AGRICULTURE, 

BUREAU   OF   CHEMISTRY. 

H.  W.  WILEY,  Chief  of   Bureau. 


FOOD   INSPECTION   DECISIONS. 


(F.  I.  D.  40.)" 
FILING  GUARANTY. 

In  order  that  both  the  Department  and  the  manufacturer  may  be 
protected  against  fraud  it  is  requested  that  all  guaranties  of  a  general 
character  filed  with  the  Secretary  of  Agriculture  in  harmony  with  Reg- 
ulation 9,'^  Rules  and  Regulations  for  the  Enforcement  of  the  Food 
and  Drugs  Act,  June  30,  1906,  be  acknowledged  before  a  notary  or 
other  oflficial  authorized  to  affix  a  seal.  Attention  is  called  to  the  fact 
that  when  a  general  guaranty  has  been  thus  filed  every  package  of 
articles  of  food  and  drugs  put  up  under  the  guaranty  should  bear  the 
legend,  "Guaranteed  under  the  Food  and  Drugs  Act,  June  30,  1906," 
and  also  the  serial  number  assigned  thereto,  if  the  dealer  is  to  receive 
the  protection  contemplated  by  the  guaranty.  No  other  word  should 
go  upon  this  legend  or  accompany  it  in  any  way.  Particular  attention 
is  called  to  the  fact  that  nothing  should  be  placed  upon  the  label,  or 
in  any  printed  matter  accompanying  it,  indicating  that  the  guaranty 
is  made  by  the  Department  of  Agriculture.  The  appearance  of  the 
serial  number  with  the  phrase  above  mentioned  upon  a  label  does  not 
exempt  it  from  inspection  nor  its  guarantor  from  prosecution  in  case 
the  article  in  question  be  found  in  any  way  to  violate  the  food  and 
drugs  act  of  June  30,  1906. 

Approved : 

James  Wilson, 

Secretary  of  Agriculture. 

Washington,  D.  C.,  October  25,  1906. 

(F.  I.  D.  41.) 

APPROVAL  OF  LABELS. 

Numerous  requests  are  referred  to  this  Department  for  the  approval 
of  labels  to  be  used  in  connection  with  articles  of  food  and  drugs 
under  the  food  and  drugs  act  of  June  30,  1906.  This  act  does  not 
authorize  the  Secretary  of  Agriculture  nor  any  agent  of  the  Department 
to  approve  labels.  The  Department  therefore  will  not  give  its  approval 
to  any  label.     Any  printed  matter  upon  the   label   implying  that  this 

"   ]•".    I.   D.    1-39   practically  concern   imported   foods  only   and   were   not   issued 

under  the  food  and  drugs  act,  June  30,   1906. 
*•  Page  87. 


io6  Food  Inspection  Decisions. 

Department  has  approved  it  will  be  without  warrant.  It  is  believed 
that  with  the  law  and  the  regulations  before  him  the  manufacturer 
will  have  no  difficulty  in  arranging  his  label  in  harmony  with  the  re- 
quirements set  forth.  If  there  be  questions  on  which  there  is  doubt 
respecting  the  general  character  of  labels,  decisions  under  the  food 
and  drugs  act  will  be  rendered,  of  a  public  character  and  published  from 
time  to  time,  covering  such  points. 

Approved : 

James  Wilson^ 

Secretary  of  Agriculture. 

Washington^  D.  C,  October  25,  igo6. 

(F.  /.  D.  42.) 
MIXING  FLOURS. 

The  following  communication  has  been  received  respecting  the  mix- 
ing of  flours  of  different  cereals : 

In  conformity  with  the  customs  of  a  century  or  more,  the  manufac- 
turers of  rye  flour,  in  order  to  produce  a  lighter  and  more  easily 
worked  flour,  have  added  a  proportion  of  wheat  flour  to  their  rye  and 
branded  it  "Rye  Flour." 

This  custom  simply  conforms  to  the  customers'  demand  for  a 
whiter  loaf  and  from  every  standpoint  is  a  perfectly  legitimate  oper- 
ation. 

Under  the  interpretation  of  the  food  and  drugs  act  of  June  30, 
1906,  apparent  restrictions  are  placed  upon  this  compounding,  and 
1  would  therefore  respectfully  ask  your  ruling  upon  the  following 
points : 

1.  Under  this  interpretation  will  it  be  necessary  to  add  the  word 
"compound"  to  the  brands? 

2.  Will  it  be  necessary  in  accordance  with  this  interpretation  to 
name  in  the  brand  the  fact  that  a  wheat  admixture  has  been  made, 
in  addition  to  the  use  of  the  word  "compound,"  providing  that  word 
is  necessary? 

3.  Referring  to  paragraph  /,  Regulation  17,^^  which  reads  as  follows : 

"An   article   containing  more   than   one   food   product   or  active 
medicinal  agent  is  misbranded  if  named  after  a  single  constituent," 

will    it    be   permissible    to    still    name    the    rye-wheat    admixture    "rye 
flour?" 

The  food  and  drugs  act  of  June  30,  1906,  and  the  rules  and  regula- 
tions made  thereunder,  provide  for  the  proper  marking  of  food  products 
and  penalties  for  misbranding. 

The  act  also  provides  that  a  food  product  is  not  misbranded  "in  the 
case  of  articles  labeled,  branded,  or  tagged  so  as  to  plainly  indicate 
that  they  are  compounds,  imitations,  or  blends,  and  the  word  'com- 
pound,' 'imitation,'  or  'blend,'  as  the  case  may  be,  is  plainly  stated  on 
the  package  in  which  it  is  offered  for  sale."°* 

Keeping  in  view  these  provisions  of  the  law,  and  rules  and  regulations 
made  thereunder,  it  appears  that  the  mixing  of  rye  flour  and  wheat 

"■'Page  91.  "<Sec.  8,  page  79. 


Relabeling.  T07 

flour  is  not  prohibited  by  the  law  provided  the  package  is  marked 
"compound"  or  "mixture,"  the  word  standing  alone  and  without  qual- 
ification, and  also  if  the  label  contain  the  information  which  shows 
that  it  is  properly  branded.  The  mixture  may  also  be  denominated  a 
"blend"  if  rye  flour  and  wheat  flour  be  regarded  as  like  substances. 
It  is  held  that  this  information  in  the  case  mentioned  would  be  a  state- 
ment of  the  ingredients  used  in  making  the  compound.  It  is  further 
held  that  the  use  of  an  ingredient  in  small  quantity  simply  for  the 
purpose  of  naming  it  in  the  list  of  ingredients  would  be  contrary  to 
the  intent  of  the  law,  and  therefore  that  the  ingredients  must  be  used 
in  quantities  which  would  justify  the  appearance  of  their  names  upon 
the  label.  The  statement  made  of  the  constituents  used  should  be  of  a 
character  to  indicate  plainly  that  the  article  is  a  compound,  mixture, 
or  blend. 

It  is  evident  from  the  above  explanation  that  the  naming  of  a  mix- 
ture of  this  kind  "rye  flour"  would  be  plainly  a  violation  of  the  law 
and  the  regulations  made  thereunder. 

Attention  is  called  also  to  the  act  of  Congress  approved  June  13. 
1898,  U.  S.  Revised  Statutes,  sections  36  to  49,  inclusive,  imposing 
special  taxes  under  the  supervision  of  the  Commissioner  of  Internal 
Revenue  on  mixed  flour. 

Approved : 

W.  M.  Hays, 

Acting  Secretary. 

Washington,  D.  C,  October  30,  1906. 

(F.  I.  D.  43.) 

RELABELING  OF  GOODS  ON  HAND. 

The  following  is  a  type  of  numerous  communications  received  con- 
cerning the  operation  of  the  food  law : 

The  retail  grocers  of  our  city,  as  well  as  some  of  the  jobbers,  are 
very  much  concerned  over  stocks  of  canned  goods  and  other  similar 
goods  they  might  have  in  stock  on  January  i,  1907,  when  the  new 
pure-food  act  goes  into  effect. 

We  are  under  the  impression  that  where  there  is  nothing  deleterious 
to  health  contained  in  such  goods  so  held  it  is  not  the  Department's 
intention  to  interfere  in  any  way,  shape,  or  form  with  them. 

Where  these  goods  are  held  by  retailers  in  our  own  city  does  this 
come  within  the  jurisdiction  of  the  National  law,  or  it  is  controlled 
only  by  State  laws? 

Similar  letters  have  been  received  relating  to  drugs,  medicines,  and 
other  articles  affected  by  the  operation  of  the  law.  A  general  answer 
is  deemed  advisable,  which,  it  is  hoped,  will  cover  the  cases  in  question. 

Section   (i)   of  Regulation   17'°  provides  that — 

The  regulntion  regarding  the  principal  laljcl  v.ill  not  be  enforced 
until  October  i,  1907,  in  the  case  of  labels  printed  and  now  on  hand, 

"^PaKf  91. 


io8  Food  Inspection  Decisions. 

whenever  any  statement  therein  contained  which  is  contrary  to  the 
food  and  drugs  act,  June  30.  1906,  as  to  character  of  contents,  shall 
be  corrected  by  a  supplemental  label,  stamp,  or  paster.  All  other  labels 
now  printed  and  on  hand  may  be  used  without  change  until  October 
I,  1907. 

It  is  held  that  under  this  regulation  labels  which  contain  statements 
relating  to  the  name  of  manufacturer,  the  place  of  manufacture,  etc., 
which  are  not  in  harmony  with  the  p^eneral  meaning  of  the  law  may  be 
used  if  on  hand  on  the  ist  of  January,  1907,  the  day  on  which  the 
regulations  become  efifective.  Any  statement,  however,  respecting  the 
character  of  the  contents  which  is  false  or  misleading  should  be  cor- 
rected as  indicated.  The  correction  should  secure  the  obliteration  of 
the  misstatement  either  by  placing  the  supplemental  label  or  paster 
over  it  or  obliterating  it  in  some  other  way.  If  the  goods  contain  arti- 
ficial color  or  preserv^ative  other  than  ordinary  condimental  substances 
(salt,  sugar,  vinegar,  wood  smoke,  spices,  and  condiments  of  all  kinds), 
that  fact  should  appear  upon  the  supplemental  stamp  or  paster.  If  any 
of  the  words  required  to  be  placed  upon  drugs  and  foods  in  the  specific 
wording  of  the  act  do  not  appear  upon  the  label,  such  as  alcohol,  opium, 
etc.,  it  is  held  that  the  correction  must  include  the  enumeration  of  these 
substances,  as  provided  for  in  Regulations  28"  and  29." 

If  goods  that  are  packed  and  sealed  in  a  carton  which  contains  the 
bottle  or  other  package  also  sealed  and  labeled  were  not  in  the  hands 
of  the  manufacturer  after  January  i,  1907,  but  had  been  already 
delivered  to  the  jobber  or  dealer,  it  will  be  held  sufficient  to  mark  the 
external  carton  alone,  provided  the  goods  are  sold  only  in  the  unbroken 
carton.  If  the  container,  however,  holds  a  large  number  of  separate 
packages,  it  will  be  necessary  that  each  of  the  separate  packages  to  be 
sold  as  such  shall  be  labeled  with  the  words  required  specifically  by 
the  act. 

It  must  not  be  forgotten  that  Regulation  17,  section  (0.°*  is  for  the 
purpose  of  avoiding  the  expense  of  relabeling  articles  already  packed 
and  branded  at  the  time  the  regulations  go  into  effect  and  which 
necessarily  could  not  have  been  so  packed  and  branded  with  any  intent 
to  evade  the  provisions  of  the  law,  and  it  is  expected  that  jobbers  and 
dealers  will  do  everything  in  their  power  to  bring  the  packages  now  on 
hand  into  as  close  harmony  with  the  provisions  of  the  act  and  the  reg- 
ulations made  thereunder  as  possible. 

All  articles  in  the  hands  of  manufacturers,  jobbers,  and  dealers  on 
the  1st  day  of  January,  1907,  which  are  sold  wholly  within  the  State 
in  which  they  are  found  on  that  date  are  exempt  from  the  provisions 
of  the  act.  Thus  the  use  of  the  supplemental  label,  stamp,  or  paster 
is  required  only  on  those  articles  which  on  or  after  the  1st  day  of 
January,  1907,  enter  interstate  commerce  or  are  offered  for  sale  in  the 
District  of  Columbia  and  the  Territories.  It  is  believed  that  the 
provisions  of  Regulation  17,  section  (0.°'  can  be  complied  with  without 

'"Page  96.  "Page  98.  '"Page  91. 


Food  Inspection  Decisions.  109 

great  annoyance  and  expense.  It  will  be  deemed  sufficient  if  the  sup- 
plemental pasters  and  labels  are  attached  at  the  time  the  goods  are 
shipped  beyond  the  State  line,  that  is,  they  need  not  necessarily  be 
attached  to  such  article  on  the  ist  day  of  January,  but  at  any  time  there- 
after when  prepared  for  interstate  commerce.  Thus  the  labor  of 
meeting  this  requirement  will  be  distributed  according  to  the  exegencies 
of  actual  trade.  On  and  after  October  i,  1907,  the  labels  must  be 
originally  properly  printed,  and  no  further  amendment  will  be  con- 
sidered. 

Approved : 

W.  M.  Hays, 

Acting  Secretary. 
Washington,  D.  C,  November  6,  1906. 

(F.  I.  D.  44.) 

SCOPE  AND  PURPOSE  OF  FOOD-INSPECTION  DECISIONS. 

From  the  tenor  of  many  inquiries  received  in  this  Department  it 
appears  that  many  persons  suppose  that  the  answers  to  inquiries 
addressed  to  this  Department,  either  in  letters  or  in  published  de- 
cisions, have  the  force  and  effect  of  the  rules  and  regulations  for  the 
enforcement  of  the  food  and  drugs  act  of  June  30,  1906.  The  following 
are  illustrations  of  the  inquiries  received  by  this  Department: 

Must  we  stamp  all  goods  as  conforming  to  the  drug  and  food  law, 
whether  they  have  alcohol  and  narcotics  therein,  or  not  ? 

On  a  brand  of  salad  oil,  which  is  a  winter-strain  cotton-seed  oil,  can 
it  be  sold  under  the  brand  of  salad  oil,  or  must  it  state  that  it  is 
cotton-seed  oil? 

It  seems  highly  desirable  that  an  erroneous  opinion  of  this  kind 
should  be  corrected.  The  opinions  or  decisions  of  this  Department  do 
not  add  anything  to  the  rules  and  regulations  nor  take  anything  away 
from  them.  They  therefore  are  not  to  be  considered  in  the  light  of 
rules  and  regulations.  On  the  other  hand,  the  decisions  and  opinions 
referred  to  express  the  attitude  of  this  Department  in  relation  to  the 
interpretation  of  the  law  and  the  rules  and  regulations,  and  they  are 
published  for  the  information  of  the  officials  of  the  Department  who 
may  be  charged  with  the  execution  of  the  law  and  especially  to  acquaint 
manufacturers,  jobbers,  and  dealers  with  the  attitude  of  this  Depart- 
ment in  these  matters.  They  are  therefore  issued  more  in  an  advisory 
than  in  a  mandatory  spirit.  It  is  clear  that  if  the  manufacturers,  job- 
bers, and  dealers  interpret  the  rules  and  regulations  in  the  same  man- 
ner as  they  are  interpreted  by  this  Department,  and  follow  that  inter- 
pretation in  their  business  transactions,  no  prosecution  will  lie  against 
them.  It  needs  no  argument  to  show  that  the  Secretary  of  Agricul- 
ture must  himself  come  to  a  decision  in  every  case  before  a  prosecu- 
tion can  be  initiated,  since  it  is  on  his  report  that  the  district  attorney 


no  Food  Inspection  Decisions. 

is  to  begin  a  prosecution  for  the  enforcement  of  the  provisions  of 
the  act. 

In  so  far  as  possible  it  is  advisable  that  the  opinions  of  this  Depart- 
ment respecting  the  questions  which  arise  may  be  published.  It  may 
often  occur  that  the  opinion  of  this  Department  is  not  that  of  the  man- 
ufacturer, jobber,  or  dealer.  In  this  case  there  is  no  obligation  resting 
upon  the  manufacturer,  jobber,  or  dealer  to  follow  the  line  of  proce- 
dure marked  out  or  indicated  by  the  opinion  of  this  Department.  Each 
one  is  entitled  to  his  own  opinion  and  interpretation  and  to  assume 
the    responsibility    of   acting   in    harmony    therewith. 

It  may  be  proper  to  add  that  in  reaching  opinions  and  decisions  on 
these  cases  the  Department  keeps  constantly  in  view  the  two  great 
purposes  of  the  food  and  drugs  act,  namely,  to  prevent  misbranding 
and  to  prohibit  adulteration.  From  the  tenor  of  the  correspondence 
received  at  this  Department  and  from  the  oral  hearings  which  have 
been  held,  it  is  evident  that  an  overwhelming  majority  of  the  manufac- 
turers, jobbers,  and  dealers  of  this  country  are  determined  to  do  their 
utmost  to  conform  to  the  provisions  of  the  act,  to  support  it  in  every 
particular,  and  to  accede  to  the  opinions  of  this  Department  respecting 
its  construction.  It  is  hoped,  therefore,  that  the  publication  of  the 
opinions  and  decisions  of  the  Department  will  lead  to  the  avoidance 
of  litigation  which  might  arise  due  to  decisions  which  may  be  reached 
by  this  Department  indicating  violations  of  the  act,  violations  which 
would  not  have  occurred  had  the  opinions  and  decisions  of  the  Depart- 
ment been  brought  to  the  attention  of  the  offender. 

James  Wilson, 
Secretary    of   Agriculture. 
Washington,  D.  C,  December  i,  1906. 

(F.  I.  D.  45.) 

BLENDED  WHISKIES. 

Many  letters  are  received  by  the  Department  making  inquiries  con- 
cerning the  proper  method  of  labeling  blended  whisky.  Manufacturers 
are  anxious  to  know  the  construction  placed  by  the  Department  upon 
this  particular  part  of  the  food  and  drugs  act  of  June  30,  1906,  and 
to  ascertain  under  what  conditions  the  words  "blended  whisky"  or 
"whiskies"  may  be  used.  The  following  quotation  from  one  of  these 
letters  presents  a  particular  case  of  a  definite  character : 

On  account  of  the  uncertainty  prevailing  in  our  trade  at  the  present 
time  as  to  how  to  proceed  under  the  pure-food  law  and  regulations  re- 
garding what  will  be  considered  a  blend  of  whiskies,  I  am  taking  the 
liberty  of  expressing  to  you  to-day  two  samples  of  whisky  made  up 
as  follows : 

Sample  A  contains  51  per  cent  of  Bourbon  whisky  and  49  per  cent 
■of  neutral  spirits.     In  this  sample  a  small  amount  of  burnt  sugar  is 


Blended  Whiskies.  1 1 1 

used  for  coloring,  and  a  small  amount  of  prune  juice  is  used  for  flavor- 
ing, neither  of  which  increases  the  volume  to  any  great  extent. 

Sample  B  contains  51  per  cent  of  neutral  spirits  and  49  per  cent  of 
Bourbon  whisky.  Burnt  sugar  is  used  for  coloring,  and  prune  juice 
is  used  for  flavoring,  neither  of  which  increases  the  volume  to  any 
great  extent. 

I  have  marked  these  packages  "blended  whiskies"  and  want  your 
ruling  as  to  whether  it  is  proper  to  thus  brand  and  label  such  goods. 

My  inquiry  is  for  the  purpose  of  guiding  the  large  manufacturing 
interests  in  the  trade  that  I  represent. 

In  a  subsequent  letter  from  the  same  writer  the  following  additional 
statement  is  made : 

The  reason  for  wanting  your  decision  or  ruling  in  this  matter  is 
just  this:  No  house  in  the  trade  can  afford  to  put  out  goods  and  run 
the  risk  of  seizure  and  later  litigation  by  the  Government  on  account 
of  the  odium  that  would  be  attached  to  fighting  the  food  and  drugs 
act. 

The  question  presented  is  whether  neutral  spirits  may  be  added  to 
Bourbon  whisky  in  varying  quantities,  colored  and  flavored,  and  the 
resulting  mixture  be  labeled  "blended  whiskies."  To  permit  the  use 
of  the  word  "whiskies"  in  the  described  mixture  is  to  admit  that  flavor 
and  color  can  be  added  to  neutral  spirits  and  the  resulting  mixture 
be  labeled  "whisky."  The  Department  is  of  opinion  that  the  mixtures 
presented  can  not  legally  be  labeled  either  "blended  whiskies"  or 
"blended  whisky."  The  use  of  the  plural  of  the  word  "whisky"  in 
the  first  case  is  evidently  improper  for  the  reason  that  there  is  only 
one  whisky  in  the  mixture.  If  neutral  spirit,  also  known  as  cologne 
spirit,  silent  spirit,  or  alcohol,  be  diluted  with  water  to  a  proper  proof 
for  consumption  and  artificially  colored  and  artificially  flavored,  it 
does  not  become  a  whisky,  but  a  "spurious  imitation"  thereof,  not 
entirely  unlike  that  defined  in  section  3244,  Revised  Statutes.  The 
mixture  of  such  an  imitation  with  a  genuine  article  can  not  be  regarded 
as  a  mixture  of  like  substances  within  the  letter  and  intent  of  the  law. 

James  Wilson, 
Secretary  of  Agriculture. 

Washington,  D.  C,  December  r,  1906. 

(F.  I.  D.  46.) 

FICTITIOUS  FIRM  NAMES. 

The  following  extract  from  a  letter  is  typical  of  a  question  frequently 
asked : 

In  connection  with  our  manufacture  of  flavoring  extracts,  we  pro- 
duce an  article  containing  a  certain  percentage  of  artificial  coumarin 
and  vanillin.     This  product  has  been  placed  on  the  market  under  the 

name    of and    Company,    a    fictitious    firm,    although    dealers 

have  always  understood  that  it  was  our  product.  Is  there  any  objec- 
tion to  our  continuing  to  brand  the  product  as  manufactured  by 

and  Company? 


112  Food  Inspection  Decisions. 

The   same    question   has    frequently    been    asked    by    importers    who 
state  that  they  desire  to  assume  the  responsibility  for  particular  brands. 
It  has  been  held  by  the  Attorney-General   (F.  I.  D.  2)  that — 

the  words  "     *     *     *     Daisy  Sugar  Corn, Company, 

Milwaukee,  Wis.,"  clearly  imply  that  the  goods  referred  to  are  manu- 
factured or  prepared  by  that  company  in  Wisconsin.  The  general 
public,  unfamiliar  with  trade  practices,  would  inevitably  reach  that 
conclusion. 

Regulation  iS'"  provides  that  if  the  name  of  the  manufacturer  and 
the  place  of  manufacture  be  given,  they  must  be  the  true  name  and 
the  true  place.  It  would  appear,  therefore,  that  the  use  of  a  fictitious 
name  in  such  a  manner  that  it  would  be  understood  to  be  the  name 
of  the  manufacturer  would  be  clearly  a  violation  of  Regulation  i8.°* 
It  is  apparent  that  the  provisions  of  Regulation  18^  will  not  be  ful- 
filled by  the  nominal  incorporation  of  a  fictitious  firm.  The  regulations 
require  that  goods  must  be  actually  manufactured  by  the  firm  repre- 
sented on  the  label  as  the  manufacturer. 

When  a  proper  name,  other  than  that  of  the  manufacturer,  is  placed 
upon  a  label  it  must  not  be  used  in  the  possessive.     For  instance, 

CHARLES  Gaston's 

OLIVE  OIL 
BORDEAUX 

can  only  be  properly  used  on  an  oil  manufactured  by  Charles  Gaston  at 
Bordeaux.    The  same  is  true  if  the  designation 

gaston's 
olive  oil 
bordeaux 
be  employed. 

On  the  other  hand,  the  word  "Gaston"  might  be  used  in  an  adjective 
sense,  and  not  in  the  possessive  case  as  qualifying  the  words  "olive 
oil,"  in  a  manner  that  would  indicate  that  it  represented  a  brand  and 
not  a  manufacturer,  as 

GASTON    OLIVE    OIL. 

In  such  case,  however,  neither  given  name  nor  initials  should  be  em- 
ployed. The  word  "Gaston"  should  be  in  the  same  type  as  "olive 
oil"  and  in  equal  prominence,  thus  forming  a  part  of  the  label.  Again, 
"Gaston,"  or  "Charles  Gaston,"  might  be  used  accompanied  by  the 
word  "Brand,"  as, 

OLIVE    OIL 
GASTON     BRAND. 

Or, 

OLIVE    OIL 
CHARLES    GASTON    BRAND. 

■"Page   92. 


Flavoring   Extracts.  113 

In  such  cases.,  however,  the  name  of  the  manufacturer  should  also  be 
given. 

James  Wilson, 
Secretary  of  Agriculture. 
Washington,  D.  C,  December  13,  igo6. 

(F.  I.  D.  47.) 

FLAVORING  EXTRACTS. 

The  percentage  of  alcohol  is  not  required  to  be  stated  in  the  case 
of  extracts  sold  for  the  preparation  of  foods  only.  It  is  held,  how- 
ever, that  extracts  which  are  sold  or  used  for  any  medicinal  purpose 
whatever  should  have  the  percentage  of  alcohol  stated  on  the  label. 

Numerous  inquiries  are  received  regarding  the  proper  designation 
of  products  made  in  imitation  of  flavoring  extracts  or  in  imitation  of 
flavors.  Such  products  include  "Imitation  vanilla  flavor,"  which  is 
made  from  such  products  as  tonka  extract,  coumarin,  and  vanillin, 
with  or  without  vanilla  extract.  They  may  also  include  numerous 
preparations  made  from  synthetic  fruit  ethers  intended  to  imitate 
strawberry,  banana,  pineapple,  etc.  Such  products  should  not  be  so 
designated  as  to  convey  the  impression  that  they  have  any  relation 
to  the  flavor  prepared  from  the  fruit.  Even  when  it  is  not  practicable 
to  prepare  the  flavor  directly  from  the  fruit,  "imitation"  is  a  better 
term  than   "artificial." 

These  imitation  products  should  not  be  designated  by  terms  which 
indicate  in  any  way  by  similarity  of  name  that  they  are  prepared  from 
a  natural  fruit  or  from  a  standard  flavor.  The  term  "venallos,"  for 
instance,  would  not  be  a  proper  descriptive  name  for  a  preparation 
intended  to  imitate  vanilla  extract.  Such  products  should  either  be 
designated  by  their  true  names,  such  as  "vanilla  and  vanillin  flavor," 
"vanillin  and  coumarin  flavor,"  or  by  such  terms  as  "imitation  vanilla 
flavor,"  or  "vanilla  substitute." 

Articles  in  the  preparation  of  which  such  substitutes  are  employed 
should  not  be  labeled  as  if  they  were  prepared  from  standard  flavors 
or  from  the  fruits  themselves.  For  instance,  ice  cream  flavored  with 
imitation  strawberry  flavor  should  not  be  designated  as  "strawberry 
ice  cream."  If  sold  as  strawberry  ice  cream  without  a  label  the  product, 
would  appear  to  be  in  violation  of  Regulation  22.'°" 

Artificial  colors  should  be  declared  whenever  present. 

James  Wilson, 
Secretary  of  Agriculture. 

Washington,  D.  C,  December  13,  tqo6. 

""Page   94. 


114  Food  Inspection  Decisions. 

(F.  /.  D.  4S.) 

SUBSTANCES  USED  IN  THE  PREPARATION  OE  FOODS. 

The  following  letter  was  recently  received  at  the  Department  of 
Agriculture : 

We  import  a  preparation  of  gelatin  preserved  with  sulphurous  acid 
for  the  purpose  of  fining  wine.  This  gelatin  is  not  used  as  a  food 
and  does  not  remain  in  the  wine,  although  a  small  amount  of  the  sul- 
phurous acid  may  be  left  in  the  wine.  Please  inform  us  if  the  sale  of 
this  product  is  a  violation  of  the  food  law. 

It  is  held  that  the  products  commonly  added  to  foods  in  their  prep- 
aration are  properly  classed  as  foods  and  come  within  the  scope  of 
the  food  and  drugs  act.  The  Department  can  not  follow  a  food  pro- 
duct into  consumption  in  order  to  determine  the  use  to  which  it  is 
put.  Pending  a  decision  on  the  wholesomeness  of  sulphurous  acid  as 
provided  in  Regulation  15   (&),'  its  presence  should  be  declared. 

James  Wilson, 
Secretary  of  Agriculture. 
Wasiikn'gton,  D.  C,  December  13,  igo6. 

(F.  I.  D.  49.) 

TIME   REQUIRED   TO   REACH    DECISIONS    ON   DIFFERENT 

PROBLEMS    CONNECTED    WITH    THE    FOOD 

AND  DRUGS  ACT,  JUNE  30.  1906. 

Many  letters  have  reached  the  Department  asking  for  action  on 
very  important  questions  connected  with  the  food  and  drugs  act  which 
require  much  study  and  time  to  secure  all  the  facts  necessary  to  the 
rendering  of  a  just  decision.  It  is  quite  impossible  to  answer  all  such 
letters  in  detail.  The  following  general  statement  shows  the  attitude 
of  the  Department  on  questions  of  this  kind : 

All  manufacturers  and  dealers  have  copies  of  the  law  and  regula- 
tions or  can  secure  them  and  study  them  carefully.  Each  manufac- 
turer and  dealer  should  conduct  his  business  as  nearly  as  possible 
in  harmony  with  the  law  as  he  interprets  it.  When  each  particular 
problem  involved  reaches  a  solution  in  this  Department,  it  is  hoped  it 
will  be  found  that  the  manufacturers  and  jobbers  have  come  also  to  a 
similar  decision  in  the  matter.  Public  notice  will  be  given  of  each  de- 
cision as  it  is  issued,  that  the  manufacturers  and  dealers  may  be  inform- 
ed and  be  able  at  once  to  place  themselves  in  line  with  the  decisions 
of  the  Department.  In  this  way  it  is  hoped  that  all  injustice  will  be 
avoided  in  the  execution  of  the  law  and  everyone  be  given  an 
opportunity  to  put  himself  right  and  to  have  due  notice  of  decisions 
which  may  be  made. 

'i^agc  89. 


Imitations.  115 

The  Department  will  use  every  endeavor  to  reach  prompt  decisions, 
but  must  take  time  to  collect  the  facts  and  subject  them  to  a  proper 
study;  otherwise  the  decisions  would  not  have  the  value  which  should 
attach  to  them  in  important  matters  affecting  the  execution  of  the  law. 

James  Wilson, 
Secretary  of  Agriculture. 

Washington,  D.   C,  January  8,  1907. 

(F.  I.  D.  50.) 

IMITATION  COFFEE. 

A  manufacturer  writes  as  follows : 

We  beg  to  ask  for  your  opinion  as  regards  the  hyphenated  word 
"Cereal-Coffee,"  and  whether  or  not  we  are  entitled  to  its  use  for  a 
cereal  substitute  for  coffee.  *  *  *  in  our  opinion  the  term  "Cereal- 
Coffee"  would  come  under  the  so-called  trade  name  and  distinctive 
name. 

It  is  held  that  since  the  product  mentioned  is  not  a  coffee  it  can  not 
properly  be  called  by  the  term  mentioned.  Regulation  20  (d)'  pro- 
vides that  a  distinctive  name  shall  give  no  false  indication  of  charac- 
ter. The  use  of  the  name  "cereal-coffee"  might  be  taken  to  indicate 
that  the  product  is  coffee  or  has  the  properties  of  coffee,  and  hence  the 
use  of  this  term  does  not  comply  with  the  definition  of  distinctive 
name.  Even  if  the  product  consist  in  part  of  coffee,  the  name  would 
not  be  correct.  It  is  suggested  that  products  of  this  nature  be  desig- 
nated as  "imitation  coffee,"  as  provided  in  Regulation  21  (f).'  In 
such  case  the  word  "imitation"  should  be  in  uniform  type,  on  uniform 
background,  and  should  be  given  equal  prominence  with  the  word 
"coffee." 

James  Wilson, 
Secretary  of  Agriculture. 
Washington,  D.  C,  January  18,  1907. 

(  F.  /.  D.  51.) 

COLORING  OF  BUTTER  AND  CHEESE. 

Numerous  inquiries,  of  which  the  following  is  an  illustration,  have 
been  received  by  the  Department : 

Will  you  kindly  inform  me  concerning  the  coloring  of  liuttcr  and 
cheese  under  the  pure-food  law?  Would  it  be  unlawful  to  color 
butter  and  cheese  as  now  practiced  ? 

The  coloring  of  butter  is  specifically  permitted  in  the  law  of  August 
2,  1886  (24  Stat.,  209),  and  the  coloring  of  cheese  in  the  law  of 
June  6,   1896   (29  Stat.,  253).     It  is  held  by  the  Department  that  the 

-PaRe  93.  ''Page  94. 


ii6  Food  Inspection  Decisions. 

food  and  drugs  act  does  not  repeal  the  provisions  of  the  acts  referred 
to  above  and  the  addition  of  harmless  color  to  these  substances  may 
be  practiced  as  therein  provided,  and  that  the  presence  of  coloring 
matter  specifically  recognized  by  acts  of  Congress  as  a  constituent  is 
not  required  to  be  declared  on  the  label. 

James  Wilson, 
Secretary  of  Agriculture. 
Washington,  D.  C,  January  i8,  1907. 

{F.  I.  D.  5^.-) 
FORM  OF  LABEL. 
The  following  is  an  extract  from  a  letter  recently  received : 

We  do  not  understand  the  requirements  of  the  regulations  respect- 
ing the  arrangement  of  labels;  that  is,  the  order  in  which  the  various 
features  of  the  label  should  be  arranged. 

To  meet  the  requests  for  the  opinion  of  the  Department  regarding 
the  proper  arrangement  of  a  label,  the  following  order  is  suggested: 

1.  Name  of  substance  or  product. 

2.  In  case  of  foods,  words  which  indicate  that  the  articles  are  com- 
pounds, mixtures,  or  blends,  and  the  word  "Imitation,"  "Compound," 
or  "Blend,"  as  the  case  may  be. 

3.  Statements  designating  the  quantity  or  proportion  of  the  ingre- 
dients enumerated  in  the  law,  or  derivatives  and  preparations  of  same* 
as  mentioned  under  Regulation  28;^  also  statements  of  other  extraneous 
substances  whose  presence  should  be  declared,  such  as  harmless  color- 
ing matter,  or  any  necessary  statement  regarding  grade  or  quality. 

(The  statements  specified  in  paragraphs  i,  2,  and  3,  should  appear 
together  without  any   intervening  descriptive  or   explanatory  matter.) 

4.  Name  of  manufacturer  (if  given). 

5.  Place  of  manufacture  (if  given,  or  when  required  in  case  of  food 
mixtures  or  compounds  bearing  a  distinctive  name). 

It  is  stated  in  Regulation  17*  that  if  the  name  of  the  manufacturer 
and  place  of  manufacture  be  given  they  should  appear  upon  the  prin- 
cipal label.  Although  the  law  does  not  require  that  the  name  of  the 
manufacturer  be  given,  or  the  place  of  manufacture,  except  in  case  of 
food  mixtures  and  compounds  having  a  distinctive  name,  it  is  held 
that  if  they  are  given  they  must  be  true,  and  should  be  placed  with 
the  required  information  on  the  principal  label.  The  arrangement  of 
the  label  is  the  same  for  both  food  and  drug  products  and  an  example 
of  each  is  given. 

a  Attention  is  called  to  the  fact  that  the  declaration  of  alcohol  and  its  derivatives  is 
not  required  in  foods. 

"Page  96.  *Page  90. 


Form  of  Label. 

Sample  label  for  food  product. 


117 


TName  of  product.] 

[Declaration  required  by 
paragraphs  2  and  3.] 


[Name  of  manufacturer, 

if  given.] 
[Place  of  manufacture,  if 

given.] 


KETCHUP. 

ARTIFICIALLY    COLORED. 


[Descriptive  matter,  if  desired,  but 
preferably  at  bottom  of  label.] 


BLANK  &  CO., 
PORTLAND,  ME. 


[Descriptive  matter,  if  desired.] 


Sample  label  for  drug  product. 


[Name  of  product.] 


[Declarations  required  by 
paragraphs  2  and  3.] 


[Name  of  manufacturer, 

if  given.] 
[  Place  of  manufacture,  if 

given.] 


COUGH  SYRUP. 

ALCOHOL,  10  PER  CENT. 
MORPHINE,   Yz  GRAIN  PER 

OUNCE. 
CHLOROFORM,    40    MINIMS 

PER  OUNCE. 


[Descriptive  matter,  if  desired,  but 
preferably  at  bottom  of  label.] 


JOHN  JONES  &  CO., 
WASHINGTON,  D.  C. 


[Descriptive  matter,  if  desired.] 


Any  descriptive  or  explanatory  matter  that  may  appear  on  the 
principal  label,  therefore,  should  be  placed  at  the  bottom  of  the  label, 
or  between  No.  3  and  No.  4,  and  should  be  clearly  separated  from 
other  features  of  the  label  by  means  of  a  suitable  line  or  space. 
Statements  regarding  the  reason  for  using  alcohol,  artificial  coloring 
matter,  and  other  extraneous  substances,  come  under  the  head  of 
descriptive  or  explanatory  matter,  and  should  not  be  interspersed  with 
the  declarations  required  under  Nos.  2  and  3. 

The  information  called  for  under  No.  3  should  not  be  so  worded  as 
to  give  only  the  required  information,  as,  for  example,  "alcohol  17  per 
cent"  or  "artificially  colored."  All  numbers  used  in  expressing  quan- 
tity or  proportion  of  substances  required  to  be  stated  (see  Regulation 
28")    should  be  expressed  in  the  Arabic  notation. 

Each    substance    required    to    be    declared    under    No.    3    should    be 


'Page  96. 


ii8  Food  Inspection  Decisions. 

printed  on  a  separate  line  and  in  type  specified  in  Regulation  17  (c).' 

James  Wilson, 
Secretary  of  Agriculture. 
Washington,  D.  C,  January  18,  igoy. 

(F.  I.  D.  53.) 

FORMULA  ON  THE  LABEL  OF  DRUGS. 

Many  inquiries  are  received  relative  to  the  necessity  of  giving  the 
formula  of  medicinal  remedies  on  the  label.     The  following  is  typical: 

I  should  like  to  know  if  it  will  he  necessary  for  me  to  state  on  a 
label  the  name  of  the  products  from  which  I  prepare  my  proprietary 
medicine  in  order  to  conform  with  the  pure  food  and  drugs  act.  If 
I  do  thi.;.  it  will  prohibit  me  from  manufacturing  and  selling  a  remedy 
which  is  a  secret  of  my  own ;  and  anyone  buying  it  could,  from  the 
label,  tell  what  ingredients  were  used  in  its  preparation  and  make  his 
own  supply  of  this  medicine.  How  does  the  United  States  Govern- 
ment expect  to  protect  those  who  have  secret  medicinal  preparations 
they  wish  to  sell  at  a  profit?  Tf  the  Pure  Food  Commission  desires, 
I  will  send  them  a  sample  bottle  of  my  medicine  for  their  inspection 
and  approval. 

The  food  and  drugs  act,  June  30,  1906,  does  not  require  the  for- 
mula of  drug  products  to  be  given  on  the  label,  but  requires  only  that 
the  quantity  or  proportion  of  the  ingredients  enumerated  in  the  law, 
and  derivatives  and  preparations  of  same  (Regulation  28),'  shall  be 
clearly  set  forth  on  the  label  or  labels  of  all  preparations  used  for  the 
treatment  or  prevention  of  disease,  either  internally  or  externally, 
for  man  or  other  animals.  This  includes  sample  packages  as  well  as 
regi.ilar  trade  packages. 

The  question  is  also  frequently  asked  whether  a  medicinal  prepara- 
tion would  be  exempt  from  the  operation  of  the  law  if  the  formula 
were  given  on  the  label.  The  formula  on  the  label  is  very  desirable, 
but  this  information  is  not  required  by  the  law.  The  act  forbids  the 
use  of  any  statement,  design,  or  device  in  connection  with  any  drug 
product  which  is  false  or  misleading  in  any  particular.  A  defect  of 
this  kind  would  not  be  corrected  by  giving  the  formula  on  the  lable. 
If  the  formula  is  given,  it  must  be  the  correct  and  complete  formula. 
It  is  held  that,  in  addition  to  those  substances  required  by  the  act  to 
be  named,  if  only  a  part  of  the  active  medinical  agents  used  in  the 
manufacture  of  a  drug  product  are  set  forth  on  the  label,  such  a  pro- 
cedure is  misleading  and  therefore  forbidden  by  the  law.  All  drug 
products  and  their  labels  must  conform  to  the  act,  whether  the  for- 
mula is  or  is  not  given  on  the  label. 

James  Wilson, 
Secretary  of  Agriculture. 
Washington,  D.  C.,  January  ?8.  tqo~. 

•Page  91.  'Page  96. 


Quantity  or  Proportion.  119 

(F.  I.  D.  54.) 

DECLARATION   OF   THE   QUANTITY    OR    PROPORTION   OF 
ALCOHOL  PRESENT   IN  DRUG   PRODUCTS. 

The  question  of  stating  the  percentage  of  alcohol  present  in  drug 
product?  has  caused  a  multitude  of  inquiries.  The  following  questions 
along  this  line  serve  as  examples : 

Is  it  necessary  to  give  the  amount  of  alcohol  present  in  U.  S. 
Pharmacopoeial  or  National  Formulary  products?  It  seems  to  me  that 
such  a  requirement  is  absurd,  and  not  contemplated  within  the  spirit 
of  the  act.  None  of  them  are  pateTit  medicines.  Will  I  be  compelled 
to  tell  how  much  alcohol  is  present  in  such  goods? 

If  we  apply  for  and  obtain  a  serial  number,  must  we  in  addition  to 
putting  this  number  on  our  labels  state  the  per  cent  of  alcohol? 

Will  it  be  necessary  to  give  the  per  cent  of  alcohol  present  in  such 
products  as  ether,  chloroform,  collodion,  spirit  of  nitrous  ether,  and 
similar  preparations? 

The  law  is  specific  on  the  subject  of  declaring  the  amount  of  alcohol 
present  in  medicinal  agents,  as  can  readily  be  seen  from  the  following 
language :  "An  article  shall  also  be  deemed  misbranded  *  *  *  {{ 
the  package  fail  to  bear  a  statement  on  the  label  of  the  quantity  or 
proportion  of  any  alcohol  *  *  *  contained  therein."  No  medicinal 
preparations  are  exempt,  whether  they  are  made  according  to  formulae 
given  in  the  U.  S.  Pharmacopoeia  or  National  Formulary  or  formulae 
taken  from  any  other  source.  The  serial  number,  with  or  without  the 
guarantee  legend,  does  not  exempt  a  preparation  from  this  require- 
ment. The  law  does  not  make  any  statement  as  to  the  amount  of  alco- 
hol that  may  or  may  not  be  employed.  It  requires,  however,  that  what- 
ever amount  be  present  shall  be  set  forth  on  the  label.  The  percentage 
of  alcohol  given  on  the  label  should  be  the  percentage  of  absolute 
alcohol  by  volume  contained  in  the  finished  product.  The  manner  in 
which  it  should  be  printed  is  shovv'n  in  F.  I.  D.  52. 

James  Wilson, 
Secretary  of  Agricitltttre. 
Washington,  D.  C,  March  13,  igoj. 

(F.  I.  D.  55-) 

METHOD    OF    STATING    QUANTITY    OR    PROPORTION    OF 

PREPARATIONS   (CONTAINING  OPIUM.  MORPHINE, 

ETC.)     USED-  IN    MANUFACTURING     OTHER 

PREPARATIONS. 

Many  inquiries  are  received  as  to  the  method  of  stating  the  quantity 
or  proportion  of  preparations  (containing  opium,  morphine,  etc.)  used 
in  the  manufacture  of  other  preparations.  Of  these  tlie  following  are 
typical : 


I20  Food  Inspection  Decisions. 

If  the  label  on  the  bottle  were  to  bear  the  words  "Tincture  of 
Opium."  I  reason  that  as  this  is  a  definite  preparation,  constituting  a 
preparation  of  opium,  and  so  definite  as  to  its  composition  that°to 
any  intelligent  person  it  expresses  definitely  all  that  it  is  desirable  to 
express,  the  use  of  this  title  alone  should  be  sufiicient.  I  feel  that  as 
a  preparation  it  is  distinct  from  opium,  and  if  this  particular  tinct- 
ture  is  used  in  the  manufacture  of  a  preparation  the  mention  of  it 
alone  should  be  sufficient. 

Where  extract  or  tincture  of  cannabis  indica,  or  extract  of  opium, 
is  employed  in  making  other  drug  products,  would  it  not  be  comply- 
ing with  the  law  if  the  use  of  such  articles  be  clearly  indicated  on  the 
label  as  prescribed  by  the  law,  or  is  it  necessary  to  give  the  actual 
amounts  of  the  drugs  themselves  represented  by  these  preparations? 

Names  of  drug  products  bearing  any  of  the  names  of  the  ingredients 
enumerated  in  the  act  are  construed  as  representing  "preparations" 
within  the  meaning  of  the  act;  and  if  the  same  are  clearly  declared 
upon  the  label  as  required  by  Regulations  17^  and  30,°  it  will  not  be 
necessary  to  give  the  actual  amount  of  the  primary  drugs  used  or  rep- 
resented by  such  article.  It  is  desirable,  however,  that  the  word  or 
words  used  in  the  law  shall  constitute  the  first  part  of  the  name  of  the 
product.  For  example:  "Opium,  Tincture  of;"  "Cannabis  Indica, 
Extract  of,"  followed  by  the  amount  of  tincture  or  extract  used. 

James  Wilsoic, 

Secretary  of  Agriculture. 
Washington,  D.  C,  March  13,  igoy. 

(F.  /.  D.  56.) 

NAMES  TO  BE  EMPLOYED   IN  DECLARING  THE  AMOUNT 
OF  THE  INGREDIENTS  AS  REQUIRED  BY  THE  LAW. 

Many  inquiries  are  coming  to  this  Department  relative  to  the  names 
that  may  be  employed  in  declaring  the  quantity  or  proportion  of  the 
ingredients,  as  required  by  Congress. 

The  following  are  representative : 

The  word  "alcohol"  has  received  so  much  unfavorable  notoriety 
during  the  last  few  years  that  we  hesitate  to  place  it  upon  our  labels. 
Could  we  not  employ  some  other  words  in  place  of  it,  such  as  "cologne 
spirits,"  "spirits  of  wine,"  "pure  grain  alcoliol,"  etc.  ? 

Would  it  be  satisfactory  for  us  to  use  "Phenylacetamide,"  or  the  fol- 
lowing formula,  CbHs  (CH3CO),  for  the  chemical  acetanilide? 

One  of  our  preparations  contains  trichlorethidene  ethyl  alcoholate, 
which  would  undoubtedly  under  the  law  be  considered  a  derivative  of 
chloral  hydrate.  Will  it  be  satisfactory  for  us  to  use  this  name  on 
our  trade  packages  in  giving  the  amount  of  this  chemical  present  in 
the  product? 

In  the  manufacture  of  some  of  our  products  we  use  opium.  It 
would,  however,  be  a  financial  loss  to  state  this  fact  on  the  label. 
Could  we  not  say  this  preparation  contains  20  grains  of  the  concen- 
trated extract  of  the  Papavcr  somiiiferum  to  the  fluid  ounce? 

'Page  90.  "Page  98. 


Names  to  Be  Used.  121 

_  Dover's  powder  is  mentioned  in  the  regulations  as  one  of  the  prepara- 
tions of  opium.  It  would  seem  sufficient  at  first  glance  that  Dover's 
powder  as  a  preparation,  if  mentioned  on  the  label,  would  be  all  that 
could  be  required  as  to  opium. 

One  of  the  objects  of  the  law  is  to  inform  the  consumer  of  the  pres- 
ence of  certain  drugs  in  medicines,  and  the  above  terms  do  not  give  the 
average  person  any  idea  as  to  the  presence  or  absence  of  such  drugs. 
In  enumerating  the  ingredients,  the  quantity  or  proportion  of  which  is 
required  to  be  given  upon  the  principal  label  of  any  medicinal  prepara- 
tion in  which  such  ingredients  may  be  present,  the  act  uses  only  com- 
mon names,  and  the  permission  to  use  any  but  such  common  names 
for  any  ingredients  required  to  be  declared  upon  the  label  is  neither 
expressed  nor  implied  in  any  part  of  the  law. 

The  term  used  for  acetanilide  is  "acetanilide"  and  not  phenlyaceta- 
mide.  No  reference  is  made  to  the  use  of  the  chemical  formula  in 
designating  the  presence  of  chemicals.  The  words  "chloral  hydrate" 
appear  in  the  act,  but  not  the  chemical  name  trichlorethidene  glycol. 
It  can  readily  be  seen  that  if  the  act  were  not  closely  adhered  to  in  this 
connection  there  would  soon  be  such  a  confusion  and  multiplicity  of 
names  and  phrases  that  one  of  the  objects  of  the  act  would  be  defeated. 

The  names  to  be  employed  in  stating  the  quantity  or  proportion  of 
the  ingredients  required  by  the  act  to  appear  on  the  label  of  all  medici- 
nal preparations  containing  same  are — 

First.  Those  used  in  the  law  for  the  articles  enumerated ;  exainple, 
"alcohol,"  not  "spiritus  rectificatus." 

Second.  In  the  case  of  derivatives :  (a)  The  name  of  the  parent 
substance  used  in  the  act  should  constitute  part  of  the  name;  example, 
"chloral  acetone,"  not  "trichlorethidene  dimethyl  ketone."  (b)  The 
trade  name,  accompanied  in  parenthesis  by  the  name  of  the  present 
substance;    example,   "dionine    (morphine   derivative)." 

Third.  Names  of  preparations  containing  the  name  of  some  ingre- 
dient used  in  the  act.  In  such  cases  the  name  used  in  the  act  should 
constitute  the  first  portion  of  the  name  of  the  preparation.  (See  F. 
I.  D.  55.") 

Fourth.  Common  names  (such  as  laudanum,  Dover's  powder,  etc.) 
of  preparations  containing  an  ingredient  enumerated  in  the  law,  pro- 
vided such  n^ime  or  names  are  accompanied  in  parentheses  by  some 
such  phrase  as  "preparation  of  opium"  or  "opium  preparation,"  fol- 
lowed by  the  number  of  minims  or  grains,  as  specified  in  the  regula- 
tions; for  instance,  "laudanum  (preparation  of  opium),  40  minims 
per  ounce." 

Jamk.s  Wilsox, 
Secretary  of  Agriculture. 
Washington,  D.  C,  March  13,  1907. 

"Page    120. 


122  Food  Inspection  Decisions. 

(F.  I.  D.  57.) 

PHYSICIANS'  PRESCRIPTIONS. 

The  Status  of  Packages  Compounded  According  to  Physicians'  Pre- 
scriptions and  Entering  Into  Interstate  Commerce. 

\ 
Packages   resulting   from   the   compounding   of   physicians'   prescrip- 
tions under  the  food  and   drugs  act  are  the  suhject  of  many  queries, 
of  which  the  following  are  representative: 

If  a  druggist  compounds  a  physicians'  prescription  and  sends  it  into 
an  adjoining  State,  will  it  be  necessary  to  state  upon  the  label  the 
amount  of  alcohol,  morphine,  etc.,  that  may  be  present? 

Supposing  a  regularly  licensed  practicing  physician  has  patients  lo- 
cated in  various  States  of  the  Union  and  supplies  medicines  to  them 
through  the  mails,  by  express,  and  otherwise,  do  such  packages  come 
under  the  provisions  of  the  law,  and,  if  so,  can  the  required  informa- 
tion be  given  in  pen  and  ink  on  the  label? 

We  treat  drug  addictions  on  a  very  gradual  tonic  treatment  reduc- 
tion plan.  For  instance,  if  John  Doe  writes  for  information  as  to  the 
home  treatment  for  his  addiction,  I  send  him  a  symptom  blank  which 
contains,  among  other  questions,  an  inquiry  as  to  the  kind  of  drug 
he  uses,  how  he  uses  it,  the  length  of  time  he  has  used  it,  etc.  In 
addition  to  giving  me  a  complete  history  of  his  case,  he  states  he  is 
using  ID  grains  of  sulph.  of  morphine  (each  twenty-four  hours), 
hypodermically  or  internally,  as  the  case  may  be.  In  prescribing  in 
his  case  I  immediately  put  him  on  just  one-half  of  the  amount  he 
reports  as  his  daily  allowance,  combining  same  with  a  bitter  tonic. 

It  is  necessary  for  the  reduction  in  drug  cases  to  be  made  without 
the  patient's  knowledge.  It  is,  of  course,  understood  by  all  physicians 
that  you  can  not  trust  a  drug  habitue  to  properly  make  his  own  reduc- 
tions, for,  as  a  matter  of  fact,  if  he  knew  to  what  extent  I  was  reduc- 
ing his  daily  allowance  of  opiates,  he  would  imagine  the  reduction 
too  rapid,  he  would  get  frightened,  and  would  take  to  his  former  drug 
for  relief.  Treatment  prepared  in  this  way  I  do  not  think  would 
come  under  the  head  of  a  proprietary  preparation  or  a  patent  medi- 
cine, as  I  prescribe  the  contents  of  each  bottle  to  meet  the  require- 
ments of  each  individual  patient.  All  instructions  as  to  the  conduct 
of  treatment  and  the  use  of  auxiliary  remedies  are  given  by  letter; 
consequently  there  are  no  printed  labels  or  cartons  containing  any 
claims  concerning  the  eflficacy  of  this  treatment. 

I  would  be  pleased  to  have  you  inform  me  whether  in  your  opinion 
I  would  be  violating  the  pure-food  law  in  any  manner,  shape,  or  form 
.should   I  continue  to  label  my  preparations  as  I   am  now  doing,  and 

in    having    them    prepared    in and    forwarded    direct    to    my 

patients  in  this  and  other  States. 

If  a  package  compounded  according  to  a  physician's  prescription  be 
.shipped,  .sent,  or  transported  from  any  State  or  Territory  or  the  Dis- 
trict of  Columbia  to  another  State  or  Territory  or  the  District  of 
Columbia  by  a  compounder,  druggist,  physician,  or  their  agents,  by 
mail,  express,  freight,  or  otherwise,  the  label  upon  such  package  is 
required  to  bear  the  information  called  for  by  Congress.  If,  however, 
the  patient  himself,  or  a  member  of  his  household,  or  the  phA'sician 
himself  carries   such   package   across   a    State   line,   and    such   package 


Labeling.  '  1J3 

is  not  subject  to  sale,  it  is  held  that  such  package  need  not  be  marked 
so  as  to  conform  with  the  law,  because  such  a  transaction  is  not  con- 
sidered one  of  interstate  commerce. 

The  package  may  be  marked  so  as  to  comply  with  the  act  by  either 
stamp,  pen  and  ink,  or  typewriter,  provided  all  such  written  matter  is 
distinctly  legible  and  on  the  principal  label,  as  prescribed  in  Regula- 
tion 17." 

James  Wilson, 
Secretary  of  Agriculture. 
Washington,  D.  C,  March  13,  if)oj. 

(F.  /.  D.  36\) 

THE  LABELING  OF  PRODUCTS  USED  AS  FOODS  AND 

DRUGS  AS  WELL  AS  FOR  TECHNICAL  AND 

OTHER  PURPOSES. 

Frequent    requests    for   information    relative    to   the   proper   labeling 

of  products  bearing  the  names  of  foods  and  drugs,  but  used  also  for 

technical  and  other  purposes,  are  received.     The  following  are  typical : 

■^_ 

We  will  kindly  ask  you  to  advise  us  in  regard  to  the  new  law  that 
governs  the  line  of  oils.  We  manufacture  a  compound  product,  so- 
called  "turpentine,"  which  contains  pure  turpentine  and  a  very  fine 
petroleum  product.  It  is  used  in  most  branches  where  pure  turpen- 
tine is  used,  with  the  exception  of  medicinal  purposes,  for  which  we 
do  not  sell  it. 

We  understand  that  if  we  were  to  sell  any  cotton-seed  oil  so  branded 
as  to  indicate  that  it  was  intended  to  be  used  as  a  food,  as,  for  example, 
under  the  brand  "Blank  Salad  Oil,"  it  would  be  necessary  to  observe 
the  requirements  of  the  law  referred  to;  but  we  are  in  doubt  and 
would  be  glad  to  have  your  opinion  as  to  whether  a  sale  or  shipment 
of  this  oil  (for  lubricating  purposes)  under  the  ordinary  trade  brand 
of  cotton-seed  oil.  and  without  anything  to  indicate  that  it  was  of  a 
quality  suitable  for  use  as  a  salad  oil,  would  subject  us  to  the  pro- 
visions of  the  act. 

During  personal  interviews  the  question  of  marking  chemical  re- 
agents has  also  been  discussed. 

Products  used  in  the  arts  and  for  technical  purposes  are  not  subject 
to  the  food  and  drugs  act.  It  is,  however,  a  well-recognized  fact  that 
many  articles  are  used  indiscriminately  for  food,  medicinal,  and  tech- 
nical purposes.  It  is  also  well  known  that  some  products  employed 
for  technical  purposes  are  adulterated  or  misbranded  within  the  mean- 
ing of  this  act.  Inasmuch  as  it  is  impossible  to  follow  sufh  products 
into  consumption  in  order  to  determine  to  what  use  they  are  finally 
put,  it  is  desirable  that  an  article  sold  under  a  name  commonly  applied 
to  such  article  for  food,  drug,  and  technical  purposes  be  so  labeled  as 
to  avoid  possible  mistakes.  The  ordinary  name  of  a  pure  and  normal 
product,  whether  sold  for  food,  drug,  technical,  or  other  purposes,  is 
all  that  is  necessary.  Pure  cotton-seed  oil  or  turpentine  may  be  sold 
without  any  restrictions  whatever,  whether  such  article  is  sold  for 
food,  medicinal,  or  technical  purposes,  but  it  is  suggested  that  a  cotton- 

"Page  90. 


124  Food  Inspection  Decisions. 

seed  oil  intended  for  lubricating  purposes,  or  a  so-called  turpentine 
consisting  of  a  mixture  of  turpentine  and  petroleum  oils,  used  by  the 
paint  trade,  be  plainly  marked  so  as  to  indicate  that  they  are  not  to  be 
employed  for  food  or  medicinal  purposes.  Such  phrases  as  the  follow- 
ing may  be  used:  "Not  for  Food  Purposes,"  "Not  for  Medicinal  Use," 
or  for  "Technical  Purposes  Only,"  or  "For  Lubricating  Purposes,"  etc. 
In  order  to  avoid  complication  it  is  suggested  that  chemical  reagents 
sold  as  such  be  marked  with  such  phrases  as  the  following:  "For 
Analytical  Purposes,"  or  "Chemical  Reagent,"  etc. 

James  Wilson, 
Secretary  of  Agriculture. 
Washington,  D.  C,  March  13,  1907. 

(F.  I.  D.  59.) 

NATIONAL  FORMULARY  APPENDIX. 

The  National  Formulary  is  one  of  the  standards  recognized  imder 
the  law.  The  question  has  been  asked  a  number  of  times  whether  the 
appendix  of  this  authority  would  be  construed  as  part  and  parcel  of 
the  book  itself.  On  page  IV  of  the  preface  it  is  distinctly  stated  that 
the  formulae  collected  in  the  appendix  of  the  National  Formulary  are 
"no  longer  designated  as  'N.  F.'  preparations."  This  shows  that  these 
forrriulae  are  not  integral  parts  of  the  book  under  the  law,  which  covers 
only  those  products  of  the  National  Formulary  recognized  as  such 
by  this  authority.  By  this  it  is  understood  that  if  a  drug  product  is 
sold  under  a  name  contained  in  the  appendix  of  the  National  Formu- 
lary, it  will  not  be  necessary  for  such  product  either  to  conform  to  the 
standard  indicated  by  the  formula  or  to  declare  upon  the  label  its 
own  standard  strength,  quality,  and  purity  if  a  different  formula  is 
employed  in  its  manufacture.  Such  articles  are,  however,  subject 
to  the  law  in  every  other  respect,  as  is  the  case  of  other  medicinal 
products  not  recognized  by  the  U.  S.  Pharmacopoeia  or  National  For- 
mulary. 

James  Wilson, 

Secretary  of  Agriculture. 
Washington,  D.  C,  March  13,  1907. 

(F.  I.  D.  60.) 

MINOR  BORDER   IMPORTATIONS. 

Inquiry  has  frequently  been  made  regarding  the  application  of 
Regulation  33^  (requiring  a  declaration  to  be  attached  to  the  invoice) 
to  foods  and  drugs  brought  into  the  United  States  in  small  quantities 
by  farmers  living  near  the  border.     One  correspondent  says : 

Farmers  along  the  border  are  in  the  habit  of  occasionally  bringing  in, 
in  their  own  teams,  maple  sugar   in   small  quantities,   also  butter   and 

'Page    100. 


Substitutes.  125 

like  articles  of  food  products  of  their  own  raising,  and  offering  the 
same  for  entry  at  the  different  offices  on  the  frontier.  *  *  *  The 
main  question  is  as  to  whether  or  not  the  affidavits  and  other  proof 
required  by  the  pure-food  law  shall  be  required  in  these  instances  of 
minor   importations   of  this   class   of   articles. 

Considering  the  nature  of  these  importations  it  is  held  that  Regulation 
33'  does  not  apply  to  them  and  that  they  may  be  imported  without 
the  declaration.  Such  products  are  subject  to  inspection,  however, 
and  if  found  to  be  in  violation  of  the  law  will  be  excluded. 

James    Wilson, 
Secretary  of  Agriculture. 
Washington,  D.   C,  March  25,  igoj. 

(F.  /.  D.  61.) 

COCOA  BUTTER  SUBSTITUTES. 

A   manufacturer  writes : 

We  iise  in  the  preparation  of  chocolate  sticks  a  guaranteed  pure 
production  of  cocoanut  oil.  May  this  product  be  sold  merely  as  con- 
fectionery, and  not  as  chocolate  sticks?  If  not,  would  it  be  satis- 
factory for  us  to  mark  the  product  as  "Chocolate  sticks  prepared  with 
substitute   butter?" 

Regulation  22  prohibits  the  sale,  or  offer  for  sale,  in  interstate  or 
foreign  commerce  or  in  the  District  of  Columbia  or  in  any  Territory 
of  the  United  States,  of  a  food  or  drug  product  which  bears  no  label 
whatever  if  said  product  be  an  imitation  of  or  offered  for  sale  under 
the  name  of  another  article.  It  would  clearly  be  a  violation  of  the 
law  to  sell  an  article  which  was  made  in  imitation  of  chocolate,  even 
though  it  be  sold  under  the  general  name  of  a  confection.  Such  an 
article  should  be  labeled  in  such  manner  as  to  correctly  represent  its 
true  nature. 

Regulation  25  (a)'' provides  : 

When  a  substance  of  a  recognized  quality  commonly  used  in  the 
preparation  of  a  food  or  drug  product  is  replaced  by  another  substance 
not  injurious  or  deleterious  to  health,  the  name  of  the  substituted 
substance  shall  appear  upon  the  label. 


It  is  held  that  cocoa  butter  is  the  only  fat  that  can  properly  be  used 
in  chocolate.  '1  he  declaration  of  foreign  fats  merely  as  "substitute 
butter"  is  apparently  not  sufficient;  the  nature  of  the  fat  employed 
should  be  stated. 

James    Wilson, 

Secretary  of  Agriculture. 
Washington,  D.  C,  March  25,  igoy. 

'P.inc    100.  ^Page  95. 


126  Food  Inspection  Decisions. 

(F.  I.  D.  63.) 

GUARANTY  ON  IMPORTED  PRODUCTS. 

Many  inquiries  of  the  following  type  hare  been  received  by  the 
Department : 

We  will  take  it  as  a  favor  if  you  will  advise  us  if  (since  our  goods 
are  all  imported  and  so  must  pass  the  custom-house  before  being 
sold)  the  fact  of  their  having  passed  the  customs  authorities  and  the 
Department  of  Agriculture  examination  is  not  in  itself  a  guaranty  that 
they  conform  with  the  pure-food  laws  as  defined  by  the  act  of  Con- 
gress approved  June  30,  1906,  entitled  "An  act  for  preventing  the 
manufacture,  sale  or  transportation  of  adulterated  or  misbranded  or 
poisonous  or  deleterious   foods,   drugs,  medicines,   liquors,"   etc. 

The  Department  makes  a  systematic  inspection  of  imported  foods 
and  drugs  when  they  arrive  at  the  custom-houses ;  and  while  such 
inspection  does  not  include  an  examination  of  samples  taken  from 
every  package  of  the  aforesaid  articles,  it  is  sufficient  to  indicate  that 
the  article  is  suitable  to  enter  the  country  and  be  sent  into  interstate 
commerce  as  long  as  it  retains  its  identity  in  the  unbroken  package. 
If  imported  foods  and  drugs  are  taken  from  the  original  packages 
and  repacked,  they  become  subject  to  inspection  as  if  of  domestic  origin, 
and  the  persons  handling  and  selling  said  articles  arc  not  immune 
from  prosecution  in  the  event  that  a  subsequent  inspection  discloses 
that  all  or  any  portion  of  said  foods  or  drugs  are  adulterated  or  mis- 
branded  according  to  the  provisions  of  said  statute  or  the  regulations 
made  thereunder. 

Only  a  wholesaler,  jobber,  manufacturer,  or  other  party  residing 
in  the  United  States  can  give  a  guaranty  within  the  meaning  of  said 
act.  A  foreign  manufacturer  or  other  foreign  dealer  can  not  give  the 
guaranty  prescribed  in  said  law,  nor  can  the  agent  of  such  foreign 
-manufacturer  or  dealer  give  said  guaranty  unless  such  agent  be  a 
resident  of  the  United  States  and  unless  he  actually  sells  the  goods 
•covered   by   the   guaranty. 

The  person  who  owns  and  sells  imported  goods  can  make  a  guar- 
anty for  the  purpose  aforesaid,  though  the  goods  may  be  shipped 
directly  by  the  firm  of  whom  the  guarantor  buys  them  to  the  customer 
of  the  guarantor. 

J.\MEs    Wilson, 
Secretary  of  A^e^riculture. 
Washington,  D.   C,  March  25,  igoy. 

(F.   I.  D.  63.) 

USE  OF  THE  WORD  "COMPOUND"  IN  NAMES  OF  DRUG 
PRODUCTS. 

Many  inquiries  are  received  concerning  the  use  of  the  word  "com- 
pound"   in    names    of    drug   products.    There    seems    to    be    a    general 


Compound.  127 

impression  that  this  word  can  he  applied  as  a  corrective  to  many  mis- 
brr.nded  products.     The  following  extracts  serve  as  examples : 

You  have  on  file  our  formula  (active  agents — croton  oil  and  cascara), 
and  we  would  ask  if  it  is  possible  to  call  the  same  'castor  pill  com- 
pound" and  comph'  with  the  regulations. 

This  liniment  has  been  in  use  for  forty  years.  The  ingredients,  each 
separately  and  collectively,  are  sanitary  and  highly  curative.  The  one 
ingredient  after  which  it  was  named  happens  to  be  present  in  the 
least  proportion ;  can  not  the  compound  be  called  by  the  name  "Com- 
pound Sassafras  Cream?" 

An  eminent  jurist  writes: 

I  shall  be  glad  to  know  the  views  entertained  by  your  Department 
as  to  when  a  druggist  has  satisfied  this  act  by  a  label  or  printed  matter 
which  he  puts  on  the  package  or  bottle  in  relation  to  a  compound. 
Take,  for  example,  the  product  put  on  the  market  as  Cascarin  Com- 
pound, or  Aloin  Compound.  I  am  impressed  with  the  fact  that  such 
label  must  have  added  a  statement  as  to  what  the  other  ingredients  of 
the  compound  are.  This  may  not  mean,  and  probably  does  not  mean, 
that  the  formula  must  be  given  or  the  exact  proportions,  but  a  pur- 
chaser has  the  right  to  know  what  is  in  the  compound  in  order  to 
determine  for  himself,  or  to  receive  proper  advice,  as  to  whether  it 
is   safe   to   be    used. 

In  no  case  can  a  preparation  be  named  after  an  ingredient  or  drug 
which  is  not  present.  The  word  "compound"  should  not  be  used 
in  connection  with  a  name  which  in  itself,  or  together  with  repre- 
sentations and  designs  accompanying  same,  would  be  construed  as  a 
form  of  misbranding  under  the  act. 

It  is  held  that  if  a  mixture  of  drugs  is  named  after  one  or  more 
but  not  all  of  the  active  medicinal  constituents  (not  vehicle)  present 
in  a  preparation,  the  word  "compound"  can  be  used  in  connection 
with  the  name,  (a)  provided  the  active  constituent  after  which  the 
product  is  named  is  present  in  an  amount  at  least  equal  to  that  of  any 
other  active  medicinal  agent  present.  Example:  If  it  is  desired  to 
make  a  mixture  consisting  of  oil  of  sandalwood,  balsam  copaiba,  and 
castor  oil,  and  call  this  product  "Oil  of  Sandalwood  Compound,"  the 
oil  of  sandalv/ood  should  constitute  at  least  33  1-3  per  cent  of  the  entire 
mixture.  Or  (b)  provided  the  potent  active  constituent  after  which 
the  product  is  named  is  present  in  sufficient  amount  to  impart  the 
predonderating  medicinal  effect.  Example:  If  a  product  is  named 
after  the  active  constituent,  strychnine,  the  strychnine  or  one  of  its 
salts  should  be  present  in  sufficient  amount  to  produce  the  preponder- 
ating medicinal  effect  of  the  preparation.  Or  (c)  provided  the  com- 
plete quantitative  formula,  as  outlined  in  the  United  States  Pharma- 
copceia  and  National  Formulary,  be  given  on  the  principal  label.  A 
declaration  of  the  complete  quantitative  formula,  however,  does  not 
exempt  the  manufacturer  or  dealer  from  giving  the  information  re- 
quired by  the  act  in  the  manner  prescribed  by  the  regulations.       The 


128  Food  Inspection  Decisions. 

ounce  shall  be  the  unit.  The  amounts  of  the  ingredients  present 
(excepting  alcohol,  which  is  to  be  stated  in  per  cent)  shall  be  given  in 
grains  or  minims,  and  if  it  is  desired  the  metric  equivalent  may  be 
given   in   addition. 

James    Wilson, 
Secretary  of  Agriculture. 
Washington,  D.  C,  March  23,  1907. 

(F.  I.  D.  64.) 

LABELING  OF  SARDINES. 

Many  inquiries  have  been  made  of  this  Department  respecting  the 
extent  to  which  the  term  "sardine"  can  be  used  in  food  products 
entering  into  foreign  or  interstate  commerce.  The  question  of  the 
proper  labeling  of  fish  of  this  kind  was  submitted  by  the  Department 
to  the  Department  of  Commerce  and  Labor,  Bureau  of  Fisheries. 
After  reviewing  the  nomenclature  and  trade  practices  the  Depart- 
ment of  Commerce  and  Labor  reached  tlie  following  conclusion : 

Commercially  the  name  sardine  has  come  to  signify  any  small,  canned, 
clupeoid  fish  ;  and  the  methods  of  preparation  are  so  various  that  it  is 
impossible  to  establish  any  absolute  standard  of  quality.  It  appears  to 
this  Department  that  the  purposes  of  the  pure-food  law  will  be  carried 
out  and  the  public  fully  protected  if  all  sardines  bear  labels  showing 
the  place  where  produced  and  the  nature  of  the  ingredients  used  in 
preserving  or  flavoring  the  fish. 

In  harmony  with  the  opinion  of  the  experts  of  the  Bureau  of 
Fisheries,  the  Department  of  Agriculture  holds  that  the  term  "sar- 
dine" may  be  applied  to  any  small  fish  described  above,  and  that  the 
name  "sardine"  should  be  accompanied  with  the  name  of  the  country 
or  State  in  which  the  fish  are  taken  and  prepared,  and  with  a 
statement  of  the  nature  of  the  ingredients  used  in  preserving  or 
flavoring  the  fish. 

It  is  held  that  a  small  fish  of  the  clupeoid  family,  caught  upon  or 
near  the  shores  of  and  packed  in  oil  in  Norway,  or  smoked  and  packed, 
in  oil,  is  properly  labeled  with  the  phrase  "Norwegian  Sardines  in 
Oil,"  or  "Norwegian  Smoked  Sardines  in  Oil,"  the  nature  of  the  oil 
being  designated.  In  like  manner  a  small  fish  of  the  clupeoid  family 
caught  upon  or  near  the  shores  of  and  packed  in  France  may  be 
called  "French  Sardines  in  Oil,"  the  nature  of  the  oil  lieing  specified. 
Following  the  same  practice,  a  fish  of  the  clupeoid  family  caught 
on  or  near  the  shores  of  and  packed  in  the  United  States  may  be 
labeled  "American  Sardines  Packed  in  Oil,"  or  "Maine  Sardines 
Packed  in  Oil,"  or  be  given  some  similar  appellation,  the  nature  of 
the  oil  being  stated.     It  is  suggested  that  the   name  of  the  particular 


Whiskey  Blends,  Etc.  129 

fish  to  which  the  term  sardine  is  to  be  appHed  should  also  be  placed 
upon  the  label — for  example,  "Pilchard,"  "Herring,"  etc. 

James    Wilson, 

Secretary  of  Agriculture. 
Washington,  D.  C.  March  2g,  igoy. 

(F.  J.  D.  63.) 

THE  LABELING  OF  WHISKY,  BLENDS.  COMPOUNDS,  AND 
IMITATIONS   THEREOF. 

The  labeling  of  whisky,  blends,  compounds,  and  imitations  thereof, 
under  the  food  and  drugs  act  of  June  30,  1906,  will  be  governed  by 
the  opinion  of  the  Attorney-General,  dated  April  10,  1907,  bearing  the 
approval  of  the  President,  published  herewith. 

/  James    Wilson, 

Secretary   of   Agriculture. 
Washington,  D.  C.,  April  11,  igo/. 

The  White  House, 
Washington,  D.  C,  April  10,  igoy. 
My  Dear  Mr.  Secretary  : 

In  accordance  with  your  suggestion,  I  have  submitted  the  matter 
concerning  the  proper  labeling  of  whisky  under  the  pure-food  law 
to  the  Department  of  Justice.  I  enclose  the  Attorney-General's  opinion. 
I  agree  with  this  opinion  and  direct  that  action  be  taken  in  accord- 
ance with  it. 

Straight  whisky  will  be  labeled  as  such. 

A  mixture  of  two  or  more  straight  whiskies  will  be  labeled  "Blended 
whisky"  or   "whiskies." 

A  mixture  of  straight  whisky  and  ethyl  alcohol,  provided  that  there 
is  a  sufficient  amount  of  straight  whisky  to  make  it  genuinely  a  "mix- 
ture," will  be  labeled  as  compound  of,  or  compounded  with,  pure  grain 
distillate. 

Imitation  whisky  will  be  labeled  as  such. 
Sincerely,    yours, 

Theodore   Roosevelt.. 
Hon.   James  Wilson,  . »  '^ 

Secretary  of  Agriculture.  '  "('.pi'     '' 

■         I 

OPINION  OF  THE  ATTORNEY-GENERAL.  -l 

■  « 
» 

April,  10,  1907. 
The  President. 

Sir:  In  accordance  with  your  instructions,  I  have  examined  the 
papers  referred  to  me  by  you,  at  the  suggestion  of  the  Secretary  of 
Agriculture,  and  herewith  submit  you  my  opinion  on  certain  ques- 
tions which  appear  from  the  said  papers  to  have  arisen  in  connection 
with  the  labeling  or  branding  of  different  kinds  of  spirit,  claimed  by 


130  Food  Inspection  Decisions. 

their  manufacturers  or  proprietors  to  be  entitled  to  the  name  of 
"Whisky,"  with  or  without  qualifying  words.  In  addition  to  the  papers 
referred  to  me  by  you,  I  have  received  and  considered  a  number  of 
other  papers  submitted  to  me  by  various  individuals,  including  Messrs. 
Hemphill  and  Worthington  and  Mr.  W.  M.  Hough,  as  counsel  for 
certain  distillers  and  rectifiers  interested  in  the  questions  under  con- 
sideration, and  I  have  personally  gathered  some  further  information 
which  seemed  to  me  material  in  view  of  the  character  of  the  questions 
involved. 

These  questions  have  arisen  in  the  construction  of  section  8*  of  the 
act  approved  June  30,   1906,  entitled : 

"An  act  for  preventing  the  manufacture,  sale,  or  transportation  of 
adulterated  or  misbranded  or  poisonous  or  deleterious  foods,  drugs, 
medicines,  and  liquors,  and  for  regulating  traffic  therein,  and  for  other 
purposes," 

and  generally  known  as  "The  pure  food  law."  The  portion  of  that 
law  bearing  upon  the  points  in  dispute  is  section  8,  which,  so  far  as 
material,  is  as  follows : 

Sec.  8.^  That  the  term  "misbranded,"  as  used  herein,  shall  apply 
to  all  drugs,  or  articles  of  food,  or  articles  which  enter  into  the  com- 
position of  food,  the  package  or  label  of  which  shall  bear  any  state- 
ment, design,  or  device  regarding  such  article,  or  the  ingredients  or 
substances  contained  therein,  which  shall  be  false  or  misleading  in  any 
particular.  *  *  *  That  for  the  purposes  of  this  act  an  article 
shall  also  be  deemed  to  be  misbranded :  *  *  *  In  the  case  of  food : 
First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the  distinctive 
name  of  another  article.  *  *  *  Fourth.  If  the  package  containing 
it  or  its  label  shall  bear  any  statement,  design,  or  device  regarding 
the  ingredients  or  the  substances  contained  therein,  which  statement, 
design,  or  device  shall  be  false  or  misleading  in  any  particular:  Pro- 
vided, That  an  article  of  food  which  does  not  contain  any  added 
poisonous  or  deleterious  ingredients  shall  not  be  deemed  to  be  adul- 
terated or  misbranded  in  the  following  cases : 

First.  In  the  case  of  mixtures  or  compounds  which  may  be  now  or 
from  time  to  time  hereafter,  known  as  articles  of  food,  under  their 
own  distinctive  names,  and  not  an  imitation  of  or  offered  for  sale  under 
the  distinctive  name  of  another  article,  if  the  name  be  accompanied 
on  the  same  label  or  brand  with  a  statement  of  the  place  where  said 
article  has  been  manufactured  or  produced. 

Second.  In  the  case  of  articles  labeled,  branded,  or  tagged,  so  as 
to  plainly  indicate  that  they  are  compounds,  iniitations,  or  blends,  and 
the  word  "compound,"  "imitation,"  or,  "blend,"  as  the  case  may  be,  is 
plainly  stated  on  the  package  in  which  it  is  offered  for  sale  :  Provided, 
That  the  term  blend  as  used  herein  shall  be  construed  to  mean  a  mix- 
ture of  like  substances,  not  excluding  harmless  coloring  or  flavoring 
ingredients  used  for  the  purpose  of  coloring  and  flavoring  only : 
And  provided  further,  That  nothing  in  this  act  shall  be  construed 
as  requiring  or  compelling  proprietors  or  manufacturers  of  proprietary 
foods  which  contain  no  unwholesome  added  ingedient  to  disclose  their 

iPage  78. 


Opinion  of  Attorney-General.  131 

trade  formulas  except  in  so  far  as  the  provisions  of  this  act  may  re- 
quire to  secure   freedom  from  aduteration  or  misbranding. 

Before  stating  or  discussing  the  particular  questions  as  to  which  you 
desire  my  opinion,  I  think  it  will  conduce  to  clearness  to  call  attention 
to  the  general  purpose  of  this  act  and  to  some  considerations  founded 
thereon. 

The  primary  purpose  of  the  pure  food  law  is  to  protect  against  fraud 
consumers  of  food  or  drugs ;  as  an  incidental  or  secondary  purpose, 
it  seeks  to  prevent,  or,  at  least,  discourage  the  use  of  deleterious  sub- 
stances for  either  purpose;  but  its  first  aim  is  to  insure,  so  far  as 
possible,  that  the  purchaser  of  an  article  of  food  or  of  a  drug  shall 
obtain  nothing  different  from  what  he  wishes  and  intends  to  buy. 
According  to  the  recognized  canons  of  statutory  construction,  the 
language  of  its  provisions  must  be  interpreted  with  reference  to  and 
in  harmony  with  this  primary  general  purpose ;  so  that,  in  determining 
the  proper  nomenclature  for  articles  of  food  as  defined  in  the  act,  the 
intention  of  the  law  will  be  best  observed  by  giving  to  such  articles 
names  readily  understood  and  conveying  definite  and  familiar  ideas  to 
the  general  public,  although  such  names  may  be  inaccurate  in  the 
view  of  a  chemist  or  physicist  or  an  expert  in  some  particular  indus- 
trial art,  as  in  the  distillation  and  refining  of  spirits.  Moreover,  the 
same  name  may  be  given  by  dealers  or  by  the  general  public  to  two 
or  more  substances  varying  very  materially  in  their  scientific  charac- 
teristics and  this  fact  must  be  given  due  weight  in  passing  upon  ques- 
tions of  branding  or  labeling  under  the  law. 

Human  experience  has  associated  certain  impressions  on  the  senses 
of  taste  and  smell  with  the  consumption  of  certain  articles  of  food, 
and  the  so-called  "flavor"  which  expresses  the  resultant  of  these  im- 
pressions constitutes  a  factor  of  decisive  weight  in  determining  the 
similarity  or  identity  of  substances  of  this  character  to  the  mind  of 
the  ordinary  member  of  the  community,  quite  irrespective  of  the  rela- 
tive importance  of  these  chemical  or  physical  properties  in  the  sub- 
stances which  impart  this  flavor  as  compared  to  their  other  chemical 
or  physical  properties.  This  fact  is  aptly  illustrated  by  a  question 
considered  at  much  length  in  the  papers  referred  and  also  submitted 
tome  as  above,  namely:  "What  is  Whisky?"  A  chemist  or  a  di.stiller 
might  answer  this  question  altogether  differently  from  the  ordinary 
purchaser  of  whisky  for  his  own  consumption ;  but  the  purchaser's 
view  of  the  matter  is  material  to  attain  the  primary  purpose  of  the 
pure  food  law;  and  I  think  it  may  be  safely  said  that  what  he  means 
by  "whisky"  when  buying  it  is  a  distilled  spirit,  fit  for  use  as  a  bever- 
age and  having  the  particular  flavor  which  human  experience  has 
classified  as  that  of  "Whisky."  Undoubtedly  the  flavors  of  different 
kinds  of  spirits  all  known  as  "Whisky"  differ  considerably,  and  it 
may  be  that  the  general  impression  of  their  similarity  is  due,  in  some 
measure,  to  imagination  or  imperfect  memory;  nevertheless,  a  distinct 
and  definite  idea  is  suggested  to  the  mind  by  the  words  "whisky 
flavor;"  this  idea  is  an  essential  factor  in  ascertaining  the  identity  of 


132  Food  Inspection  Decisions. 

a  spirit  claimed  to  be  whisky,  and,  in  my  opinion,  it  is  the  decisive 
factor  in  determining  the  relative  weight  of  the  claims  of  two  or  more 
kinds  of  spirit  to  the  name. 

With  this  preliminary  explanation,  I  proceed  to  state  what  I  under- 
stand to  be  the  questions  as  to  which  my  opinion  is  desired.  In  sub- 
stance, there  are : 

First.  Under  what  circumstances  should  a  distilled  spirit  be  labeled 
or  branded  "Whisky"  without  any  qualifying  words? 

Second.  Under  what  circumstances  should  a  liquid  be  marked  a 
"Blend  of  whiskies,"  or  "Blended  whisky,"  or  "Blended  whiskies?" 

Third.  Under  what  circumstances  should  a  liquid  be  marked 
as  a  "Compound  of  whisky,"  or  "Compounded  whisky,"  and  what  word 
or  words,  if  any,  must  be  added  to  such  title  to  make  the  same  appro- 
priate under  the  law  ? 

Fourth.  Under  what  circumstances,  if  at  all,  could  a  distilled  spirit, 
with  additions  of  coloring  and  flavoring  substances,  be  termed  "Imita- 
tion whisky?" 

Before  dealing  directly  with  these  questions,  I  think  it  may  be  well 
to  indicate  the  application  of  this  law  to  a  class  of  liquids  affording 
a  field  for  its  interpretation  with  less  opportunity  for  dispute — I  refer 
to  wines.  It  will  not  be  questioned  that  to  be  branded  or  labeled 
"Sherry,"  "Port"  or  "Madeira,"  a  wine  must  have  inherently,  and  not 
because  any  other  substance  is  added  to  it,  the  flavor  known  as  that 
of  sherry,  port  or  madeira,  as  the  case  may  be.  There  are  different 
kinds  of  each  of  these  wines;  experts  can  recognize  different  brands 
or  vintages  by  their  respective  flavors,  and  these  flavors  vary  con- 
siderably; nevertheless,  there  can  be  no  doubt  that  the  sherry,  the 
port  and  the  madeira  flavors  are  distinct  from  each  other,  and  that 
each  of  them  has  some  quality  of  its  own  shared  by  all  varieties  of 
the  same  species  of  wine. 

There  is,  however,  an  evident  distinction  to  be  drawn  between  a 
wine  such  as  sherry,  port  or  madeira,  and  a  wine  such  as  champagne. 
In  the  view  of  a  chemist  or  physicist,  champagne  would  be  doubt- 
less described  as  "a  compound,"  for  it  consists  essentially  of  a  wine, 
of  sugar  and  of  an  aerating  gas,  three  substances  obviously  "unlike." 
The  law,  however,  in  my  opinion,  does  not  contemplate  that  an  article 
should  be  marked  as  a  "blend,"  "compound,"  or  "imitation"  unless  its 
designation  would  be  otherwise  "false  or  misleading"  to  the  consumer; 
and  the  name  "Champagne"  would  indicate  to  any  would-be  purchaser, 
who  was  ordinarily  intelligent  and  well-informed,  a  wine  artificially 
sweetened  and  aerated,  or,  in  other  words,  a  composite  substance. 

To  determine  the  proper  use  of  the  term  "Blend"  we  must  first 
note  that  the  definition  of  the  word  in  the  law  is  novel  and  arbitrary. 
It  is  thus  defined  by  Webster : 

Blend,  n.  A  thorough  mixture  of  one  thing  with  another,  as  colors, 
liquors,  etc. ;  a  shading  or  merging  of  one  color,  tint,  etc.,  into  another, 
so  that  it  can  not  be  known  where  one  ends  or  the  other  begins." 


Opinion  of  Attorney-General.  133 

There  is  nothing  in  this  definition  about  "Hkeness"  in  the  substances 
mingled ;  this  feature  is  introduced  for  some  special  purpose  in  the  law, 
and  the  latter  must  be  interpreted  so  as  to  give  effect  to  this  purpose. 
To  show  this  more  clearly  we  may  also  note  the  same  Dictionary's 
definition  of  "Compound."     This  is : 

"Compound,  n.  That  which  is  compounded  or  formed  by  the  union 
or  mixture  of  elements,  ingredients,  or  parts;  a  combination  of  sim- 
ples." 

"Compound"  and  "Blend"  are  substantially  synonymous  when  ap- 
plied to  mixtures  of  liquids  in  ordinary  speech,  but  the  Pure-Food  Law 
establishes  a  distinction  of  its  own  between  them  based  upon  the  charac- 
ter of  the  ingredients  entering  into  the  mixture.  In  discussing  there- 
fore what  degree  of  "likeness"  between  the  mingled  substances  will 
justify  their  designation  as  a  "Blend"  it  must  be  always  and  care- 
fully remembered  (i)  that  "Blend"  is  meant  to  be  something  essen- 
tially different  from  "Compound,"  and  (2)  that  the  subject  under  con- 
sideration is  a  name  for  an  article  of  food  to  be  embodied  in  a  label 
or  brand  in  harmony  with  the  primary  purpose  of  the  law  as  above 
explained.  Without  going  into  metaphysical  distinctions,  or  need- 
less explanations,  it  is  my  opinion  that  effect  will  be  most  surely 
given  to  the  evident  intent  of  this  provision  of  the  law  if  it  be  held  that 
"Blend,"  as  a  substantive,  or  "Blended,"  as  an  adjective,  can  be  properly 
and  legally  used  in  brands  or  labels  under  the  act  of  1906  only  when 
o  single  substantive,  either  in  the  singular  or  in  the  plural,  need  follow 
to  appropriately  and  adequately  designate  the  combination ;  thus  we 
can  speak  of  a  "Blend  of  Teas,"  or  a  "Blended  Tea,"  but  not  of  a 
"Blend  of  Tea  and  Coffee."  To  state  the  same  proposition  in  different 
language,  I  think  the  two  articles  mixed  must  be  capable  of  accurate 
and  sufficient  description  by  a  single  generic  term ;  they  must  be  sub- 
stances known  by  the  same  name,  and  that  name  must  be  sufficiently 
distinctive  to  afford  reasonable  warning  to  a  purchaser. 

If,  therefore,  the  question  be  what  ought  to  be  called  "Blend  of 
sherry,"  or  "Blended  sherry,"  or  "Blended  sherries,"  I  think  that 
such  terms  could  be  applied  with  propriety  only  to  a  mixture  of  two 
or  more  sherries,  and  not  to  a  mixture  of  sherry  with  port  or  with 
madeira.  This  is  not  because  "likeness"  does  not  exist  between  the 
three  kinds  of  wine  mentioned,  nor  because  great  similarity  may  not 
be  found  in  their  chemical  composition;  it  is  quite  possible  that,  in 
the  latter  respect,  some  kinds  of  sherry  would  be  found  to  have  a 
greater  resemblance  to  some  kinds  of  port  than  to  other  kinds  of 
sherry;  just  as  the  chemical  composition  of  a  diamond  might  have 
much  greater  similarity  to  that  of  coal  than  to  that  of  some  other 
gems;  but  the  term  "Blended  sherry"  could  not  be  appropriate  to  a 
mixture  of  sherry  and  port;  it  would  mislead  an  intending  purchaser 
as  to  the  fact  that  port  entered  into  the  combination;  the  latter  might 
be  named   with   equal   propriety  "Blended  port."     On   the   other   hand, 


134  Food  Inspection  Decisions. 

if  this  mixture  should  be  termed  a  "Blend  of  port  and  sherry,"  there 
is  no  distinction  in  generic  designation,  between  a  mixture  of  these  two 
distinct  wines  and  a  mixture  of  two  sherries  or  of  two  ports,  and  I 
think  the  law  clearly  intended  there  should  be  such  a  distinction.  It 
might  be,  perhaps,  consistent  with  the  law  to  call  such  a  mixture 
"Blended  zuines,"  but  this  title  would  be  insufficiently  specific;  it 
might  designate  a  mixture  of  burgimdy  and  claret  as  well  as  one  of 
port  and  sherry.  In  my  opinion,  it  is  the  intent  of  the  act  of  1906 
that  the  term  "Blended  sherry,"  or  "Blend  of  sherry,"  or  "Blend  of 
sherries"  shall  designate  a  mixture  of  two  or  more  kinds  of  sherry; 
while  the  titles  "Compound  of  port  and  sherry"  or  "Compounded  port 
and  sherry"  would  appropriately  designate  a  mixture  of  two  unlike 
substances  in  the  view  of  the  law,  namely,  two  distinct  and  dif- 
ferent kinds  of  wine;  "unlike"  just  as  diamonds  and  coal  are  "unlike" 
substances. 

It  may  be  that  by  diluting  neutral  spirit  (ethyl  alcohol)  with  enough 
distilled  water  to  reduce  it  to  the  normal  alcoholic  strength  of  sherry 
wine,  and,  by  adding  appropriate  flavoring  and  coloring  substances,  a 
mixture  can  be  produced  which  tastes  and  smells  and  looks  like  sherry, 
and  when  consumed  produces  substantially  the  same  effects ;  this  mix- 
ture, supposing  it  to  contain  no  article  deleterious  to  health,  would 
be  appropriately  labeled  or  branded,  under  the  law,  "Imitation  sherry." 
If  it  we're  mixed  with  real  sherry,  no  one  would  for  a  moment  claim 
that  the  two  substances  thus  combined  were  sufficiently  "like"  to  war- 
.  rant  the  description  of  the  resultant  as  a  "Blend ;"  it  could  only  be 
accurately  labeled,  under  the  law,  as  a  "Compound  of  genuine  and  imi- 
tation sherries,"  a  designation  which  would  not  probably  promote  its 
sale. 

Applying  the  same  principles  to  the  choice  of  brands  or  labels  for 
distilled  spirits,  and  especially  for  whiskies,  we  are  at  once  confronted 
by  the  question  whether  whiskey  corresponds  to  a  wine  like  sherry 
or  to  a  wine  like  champagne;  that  is  to  say,  whether  it  is  a  natural  or 
artificial  spirit;  meaning  by  the  first  term,  of  course,  not  that  it 
exists  anywhere  as  a  product  of  nature,  but  that  it  is  the  resultant  of 
the  process  of  distillation  alone,  without  needing  any  further  addition 
to  furnish  its  characteristic  qualities.  In  the  first  case,  it  would  be 
assimilated  to  brandy  or  rum;  in  the  second  contingency,  to  gin,  since 
gin  is  essentially  a  distilled  spirit,  frequently  as  nearly  neutral  as  may 
readily  be,  flavored  by  an  infusion  of  juniper  berries.  I  learn  from 
the  papers  referred  to  me  that  the  Department  of  Agriculture  has 
reached  the  conclusion  that  whisky,  like  brandy  and  rum  and  unlike 
gin,  is  a  natural  spirit,  its  peculiar  taste  and  aroma  being  imparted 
to  it  in  the  course  of  distillation  and  arising  primarily  from  essential 
oils  existing  in  the  substances  from  which  it  may  be  distilled;  that  is 
to  say,  it  corresponds  to  a  wine  like  sherry  and  not  to  a  wine  like 
champagne.  This  conclusion  seems  to  be  fully  warranted  by  information 
contained    in    the   papers   before    me    and    by    such    other    information 


Opinion  of  Attorney-General.  135 

as  I  have  been  able  to  obtain;  nevertheless,  as  hereinafter  set  forth, 
the  statement  may,  perhaps,  need  some  qualification,  or,  rather,  some 
explanation.  It  is  doubtful,  however,  whether  the  definition  of 
"Whisky"  contained  in  the  papers  aforesaid,  and  which  I  understand 
to  have  received  the  approval  of  the  Department  of  Agriculture,  is 
quite  broad  enough  to  meet  the  general  intent  of  the  law  of  1906. 
This   definition    I    understand   to   be   as    follows : 

"Whisky  is  a  distillate,  at  the  required  alcoholic  strength,  from  the 
fermented  mash  of  malted  cereals,  or  from  malt  with  unmalted  cereals, 
and  contains  the  congeneric  substances  formed  with  ethyl  alcohol 
which  are  volatile  at  the  ordinary  temperatures  of  distillation,  and 
which  give  the  character  to  the  distillate." 

In  Webster's  Dictionary  "Whisky"   is  defined   as : 

"An  intoxicating  liquor  distilled  from  grain,  potatoes,  etc.,  especially 
in  Scotland,  Ireland,  and  the  United  States.  In  the  United  States, 
whisky  is  generally  distilled  from  maize,  rye,  or  wheat,  but  in  Scot- 
land and  Ireland  is  often  made  from  inalted  barley." 

In  Worcester's  Dictionary  it  is  defined  as : 

"A  kind  of  spirit  distilled  from  barley,  wheat,  rye,  maize,  potatoes, 
etc" 

In  Chambers's  Encyclopedia  of  1875,  't  is  defined  as  follows: 

"A  spirit  made  by  distillation  from  grain  of  any  sort  and  from  other 
materials,  as  buckwheat,  potatoes  and  even   turnips." 

A  large  number  of  similar  definitions  from  standard  popular  work?. 
of  reference  might  be  given,  and  I  think  there  can  be  no  doubt  that 
a  spirit  generally  known  and  described  as  "Whisky"  is  often  distilled' 
from  potatoes  and  occasionally  from  some  other  substances  which  could' 
scarcely  be  correctly  classed  as  cereals.  I  note  this  fact  because  it 
appears  to  me  contrary  to  the  spirit  and  subversive  of  the  purpose- 
of  the  pure-food  law  to  adopt  a  definition  which  would  exclude  from; 
the  name  any  substance  generally  understood  by  the  public  to  be  en- 
titled to  it;  that  is  to  say,  the  nomenclature  adopted  to  give  effect  tO' 
the  Act  ought  to  be,  in  my  opinion,  popular  and  not  scientific.  This 
matter,  however,  is  of  only  subordinate  importance  in  connection  with 
the  questions   immediately  under  discussion. 

It  being  admitted  that  whisky  is  a  natural  spirit  having  certain 
"congeneric  substances,"  which,  in  the  language  of  the  above  definition 
"give  the  character  to  the  distillate,"  it  seems  obvious 'that  a  mixture 
of  two  or  more  different  whiskies  as  thus  defined,  whether  their  dif- 
ferences arise  from  the  character  of  the  substances  from  which  they 
were  distilled  or  from  the  method  of  distillation  used  in  each  case 
respectively,  or  even  from  their  several  ages  and  the  environment  in 
which  they  were  kept  subsequently  to  distillation,  would  be  appro- 
priately termed  a  "Blend  of  whiskies,"  or  "Blended  whisky,"  or 
"Blended  whiskies;"  any  one  of  these  three  terms  would  be  appropriate, 


136  Food  Inspection  Decisions. 

provided    that    each    article    entering    into    the    combination,    standing 
alone,  would  be  appropriately  designated  as  "Whisky." 

The  mixture  of  a  spirit  properly  designated  as  "Whisky"  with  another 
spirit  which,  standing  alone,  would  not  be  properly  designated  as 
"Whisky,"  such  as  ethyl  alcohol,  must,  in  my  opinion,  be  labeled  or 
branded  as  a  "Compound,"  or  as  "Compounded."  This  question  has 
given  rise  to  a  very  animated  dispute,  and  it  is  understood  that  great 
importance  is  attached  by  dealers  to  its  determination,  which  is  thought 
to  involve  serious  pecuniary  loss  or  gain  to  some  or  others  among  them. 
I  have,  therefore,  considered  it  very  carefully.  In  Chambers's  En- 
cyclopedia, above  quoted,  Volume  III,  article  "Distillation,"  occurs  the 
following  passage : 

"If  only  alcohol  and  water  passed  over  in  distillation,  all  spirits, 
from  whatever  extracted,  ivould  be  the  same;  but  this  is  not  the  case. 
Brandy,  which  is  distilled  from  wine,  has  a  peculiar  essential  oil 
derived  from  the  grape  and  also  some  acid ;  rum  is  impregnated  with 
an  essential  oil  from  the  sugar  cane,  and  with  other  impurities;  malt 
liquor  has  the  essential  oil  of  barley,  etc.  It  is  these  essential  oils  that 
give  to  the  various  spirits  their  distinguishing  flavors.  Some  of  the 
oils  and  other  impurities  are  disagreeable  and  positively  noxious,  and 
it  is  one  of  the  objects  of  rectifying  to  remove  these.  The  mellowing 
effects  of  age  upon  spirits  is  owing  to  the  evaporation,  or  spontaneous 
decomposition  of  the  essential  oils.  Newly  distilled  spirits  are,  in 
general,  fiery  and  specially  unwholesome." 

This  statement  from  a  popular  work  seems  to  be  fully  sustained  by 
works  of  greater  scientific  authority  and  shows,  in  my  opinion,  that, 
for  the  purposes  of  the  pure-food  law,  neutral  spirit  or  ethyl  alcohol, 
if  absolutely  pure,  would  be,  not  only  like,  but  actually  identical, 
whether  it  were  derived  from  fruit,  from  cereals,  from  sugar  cane,  or 
from  any  other  of  the  many  substances  which  can  furnish  alcohol.  In- 
asmuch as  a  state  of  absolute  purity  can  not  be  attained  by  any  treat- 
ment appropriate  for  commercial  purposes,  it  may  be,  perhaps,  more 
nearly  accurate  to  say  that  each  of  these  different  kinds  of  neutral 
spirit  is  a  like  substance  to  one  of  any  other  kind ;  but,  if  we  con- 
cede that  ethyl  alcohol  is  a  "like  substance"  to  whisky,  then  we  must 
also  concede  that  brandy  and  rum  are  "like  substances"  to  whisky  also, 
because  each  of  them,  on  precisely  the  same  grounds,  can  be  likened 
to  neutral  spirit.  It  is  undoubtedly  true  that  only  a  very  small  pro- 
portion (less  than  the  half  of  i  per  centum)  of  the  ingredients  entering 
into  whisky  are  different  from  those  entering  into  neutral  spirit;  but 
this  is  equally  true  of  brandy  and  rum,  and  it  is  precisely  those  sub- 
stances which  "give  the  character  to  the  distillate"  in  each  of  these 
cases. 

In  the  nature  of  things  there  can  have  been,  as  yet,  no  judicial  de- 
cisions as  to  the  meaning  of  the  terms  used  in  the  pure-food  law,  but 
section  3287  of  the  United  States  Revised  Statutes,  as  amended  in 
1879,  1880  and  1890,  has  been  cited  to  me  to  show  the  "likeness"  of 
whisky  and  neutral  spirit  as  matter  of  law ;   I   find,  however,  nothing 


opinion  of  Attorney-General.  137 

in  that  section  at  all  relevant  to  the  present  discussion.  It  requires  the 
cask  to  indicate  "the  particular  name  of  such  distilled  spirits  as  known 
to  the  trade,  that  is  to  say,  high  zvincs,  alcohol  or  spirits,  as  the  case 
may  be."  It  is  undoubtedly  true  that  in  distillation  under  the  improved 
methods  of  modern  times  a  neutral  spirit  may  be  produced  at  a  later 
stage  of  the  process  out  of  something  which  at  an  earlier  stage  of  the 
process  was  crude  whisky  or  so-called  "high  wines ;"  but  this  no  more 
shows  neutral  spirit  to  be  a  "like  substance"  to  whisky  than  vinegar  is 
a  "like  substance"  to  cider  or  to  wine,  or  that  beef  is  a  "like  sub- 
stance" to  veal. 

My  attention  has  been  likewise  called  to  the  case  of  Taylor  Com- 
pany vs.  Taylor  in  the  Court  of  Appeals  of  Kentucky  (85  S.  W.  R., 
1085)  as  establishing  the  propriety  of  designating  a  mixture  of  whisky 
and  ethyl  alcohol  as  "a  blend"  or  "blended."  In  this  case  it  was  de- 
termined that  the  selling  of  whisky  mixed  with  neutral  spirit  under  a 
label  which  might  lead  the  uninitiated  to  suppose  that  it  was  a 
"straight  whisky"  was  a  fraud  upon  the  public  as  well  as  upon  the 
manufacturer  of  the  "straight"  article.     In  its  opinion  the  court  says: 

"The  defendant  may  properly  sell  his  brand  of  'Old  Kentucky  Tay- 
lor,' provided  he  so  frames  his  advertisements  as  to  show  that  it  is 
a  blended  whiskey;  but  he  can  not  be  allowed  to  impose  upon  the 
public  a  cheaper  article  and  thus  deprive  appellant  of  the  fruits  of  his 
energy  and  expenditures  by  selling  his  blended  whiskey  under  labels  or 
advertisements  which  conceal  the  true  character  of  the  article,  for  this 
would  destroy  the  value  of  the  appellant's  trade." 

This  decision  was  rendered  on  March  17,  1905,  more  than  a  year  be- 
fore the  approval  of  the  pure-food  law ;  in  speaking  of  a  mixture  of 
whisky  and  neutral  spirit  as  "blended  whisky,"  the  court  had  not,  of 
course,  in  mind  the  definition  of  "Blend"  in  that  law,  which,  as  above 
noted,  is  altogether  novel  and  arbitrary ;  on  the  other  hand,  the  decision 
may  have  been  considered  by  the  Congress  when  it  framed  the  pure- 
food  law ;  and  the  special  and  original  definition  of  "Blend"  given  in 
that  law,  may  have  been  intended  for  the  very  purpose  of  making  more 
difficult  such  frauds  as  the  Court  of  Appeals  in  Kentucky  condemned  in 
this  case. 

I  conclude,  therefore,  that  according  to  the  true  intent  of  the  pure- 
food  law,  a  mixture  of  whisky  with  neutral  spirit  must  be  deemed  a 
"Compound"  and  not  a  "Blend,"  although  the  spirit  may  be  a  distillate 
from  the  same  substance  used  to  furnish  the  whisky,  and  that  such  a 
mixture  stands  on  the  same  footing  as  a  mixture  of  whi.iky  and  brandy 
or  of  whisky  and  rum. 

The  definition  of  "Whisky"  as  a  natural  .spirit  involves  as  its 
corollary  that  there  can  be  such  a  thing  as  "Imitation  whisky."  If 
the  same  process  were  followed  of  which  we  spoke  in  connection  with 
artificial  wine,  namely,  if  ethyl  alcohol,  either  pure  or  mixed  with 
distilled  water,  were  given,  by  the  addition  of  harmless  coloring  and 
flavoring  substances,  the  appearance  and  flavor  of  whisky,  it  is  impos- 


138  Food  Inspection  Decisions.- 

sible  to  find  any  other  name  for  the  product,  in  conformity  with  the' 
pure-food  law,  than  "Imitation  whisky." 

An  interesting  question  remains,  the  question,  in  any  opinion,  of 
greatest  difficulty  connected  with  the  subject;  namely,  whether  a 
mixture  of  a  liquid  such  as  has  just  been  described,  or,  indeed,  a  mix- 
ture of  ethyl  alcohol  itself  with  whisky  ought  to  be  labeled  "Whisky"" 
at  all.  When  the  words  "Compound"  or  "Compounded"  are  used 
in  the  act,  it  is,  in  my  judgment,  ordinarily  necessary,  that  two  sub- 
stances, at  least,  should  be  mentioned  as  entering  into  the  combination 
described ;  in  other  words,  it  would  not  be  accurate  to  call  a  mixture 
of  port  and  sherry  "Compounded  sherry"  or  "Compounded  port;"  such 
a  mixture  must  be  designated  as  "Sherry  compounded  with  port"  or 
"Port  compounded  with  sherry"  or  "Compound  of  port  and  sherry." 
As  above  stated,  this  would  be,  to  say  the  least,  no  less  true  if  an 
imitation  sherry  were  used  to  mix  with  a  genuine  sherry,  and,  at  first 
sight,  it  would  seem  that  the  same  reasoning  would  deny  the  name 
"Whisky"  to  a  compound  of  "straight"  whisky  and  ethyl  alcohol  whether 
with  or  without  coloring  and  flavoring  substances.  There  is,  how- 
ever, a  distinction  between  the  two  cases,  and  it  is  not  universally 
true  that  two  substantives  must  follow  "Compound"  or  "Compounded," 
although  it  is  true,  in  my  opinion,  that  only  one  substantive  can  appro- 
priately follow  "Blend"  or  "Blended." 

In  the  first  place,  we  may  note  that  the  "Imitation  sherry"  described 
above  would  not  be  a  wine  at  all,  while  ethyl  alcohol  is  clearly  a 
spirit;  this  distinction,  however,  is  not  essential.  But,  so  far  as  I 
know,  no  practice  exists  in  the  wine  trade  of  mixing  port  with  sherry 
or  genuine  with  artificial  sherry  and  calling  the  mixture  by  the  name 
of  either  one  of  its  ingredients.  On  the  other  hand,  there  is  and  has 
been  for  a  long  time  in  existence  a  well-known  practice  of  mixing 
ethyl  alcohol  with  whisky  to  give  the  latter  an  artificial  age  and  thus 
produce  the  so-called  "mellowness"  of  old  whisky,  which  is  caused  by 
the  gradual  and  partial  evaporation  of  the  essential  oils  contained  in 
new  whisky ;  and  it  seems  to  be  a  long  and  well  established  custom 
in  the  trade  to  call  the  mixture  of  whisky  and  alcohol  thus  produced 
"Blended  whisky."  For  the  reasons  above  set  forth,  I  think  the  law 
has  forbidden  the  use  of  the  adjective,  but  it  is  otherwise  with  the 
noun. 

In  the  Encyclopaedia  Britannica  of  1878,  Vol.  VII,  under  the  head 
"Distillation,"  there  is  the  following  statement : 

"Flat  bottomed  and  fire  heated  stills  are  considered  the  best  for  the 
distillation  of  malt  spirit,  as  by  them  the  flavor  is  preserved.  Coffey's 
still,  on  the  other  hand,  is  the  best  for  the  distillation  of  grain  spirit, 
as  by  it  a  spirit  is  obtained  almost  entirely  destitute  of  fla\'or  and  of 
a  strength  varying  from  55  to  70  over  proof.  Spirit  produced  of  this 
high  strength  evaporates  at  such  a  low  temperature  that  scarcely  any 
of  the  volatile  oils  on  which  the  peculiar  flavor  of  spirits  depends 
are  evaporated  with  it,  hence  the  reason  why  it  is  not  adapted  for 
the  distillation   of  malt  whiskey  which   requires   a  certain   amount  of 


Opinion  of  Attorney-General.  139 

these  oils  to  give  it  its  requisite  flavor.  The  spirit  produced  by  CoflFey's 
still  is,  therefore,  chiefly  used  for  making  gin  and  factitious  brandy  by 
the  rectifiers,  or  for  being  mixed  zvith  malt  zvhiskies  by  the  wholesale 
dealers." 

The  practice  therein  described  has  become  during  the  past  twenty- 
eight  years  much  more  general  than  it  then  was,  in  the  United  States 
as  well  as  in  Great  Britain,  and  improvements  in  the  art  of  distillation 
have  rendered  it  much  easier  and  more  profitable. 

As  above  explained,  I  consider  "Champagne"  a  suitable  label  or 
brand  for  the  composite  wine  known  by  that  name.  If  a  natural 
wine  existed  which  was  sweet  and  sparkling  and  also  generally  known 
as  "Champagne,"'  a  mixture  of  the  two  might  be,  I  think,  appropriately 
called  "Compound"  or  "Compounded  champagne,"  and,  in  accordance 
with  this  analogy,  I  conclude  that  a  combination  of  whisky  with  ethyl 
alcohol,  supposing,  of  course,  that  there  is  enough  whisky  in  it  to 
make  it  a  real  compound  and  not  the  mere  semblance  of  one,  may  be 
fairly  called,  "Whisky ;"  provided  the  name  is  accompanied  by  the  word 
"Compound"  or  "Compounded,"  and  provided  a  statement  of  the 
presence  of  another  spirit  is  included  in  substance  in  the  title.  I  am 
strengthened  in  this  conclusion  by  understanding  from  the  papers 
you  have  referred  to  me  that  it  has  been  reached  by  the  Department 
of  Agriculture  as  well. 

The  following  seem  to  me  appropriate  specimen  brands  or  labels  for 
(i)  "straight"  whisky,  (2)  a  mixture  of  two  or  more  "straight" 
whiskies,  (3)  a  mixture  of  "straight"  whisky  and  ethyl  alcohol,  and 
(4)  ethyl  alcohol  flavored  and  colored  so  as  to  taste,  smell,  and  look 
like  whisky : 

(i)  Semper  Idem  Whisky:  A  pure,  straight  whisky  mellowed 
by   age. 

(2)  E  Pluribus  Unum  Whisky:  A  blend  of  pure,  straight  whiskies 
with  all  the  merits  of  each. 

(3)  Modern  Improved  Whisky:  A  compound  of  pure  grain  dis- 
tillates, mellow  and  free  from  harmful  impurities. 

(4)  Something  Better  than  Whisky:  An  imitation  under  the  pure- 
food  law,  free  from  fusel  oil  and  other  impurities. 

In  the  third  specimen  it  is  assumed  that  both  the  whisky  and  the 
alcohol  are  distilled  from  grain. 

I   remain,   sir,  yours  very   respectfully  and  truly, 

Charles  J.  Bonaparte, 
Attorney-General. 


UNITED   STATES   DEPARTMENT   OF  AGRICULTURE, 

OFFICE  OF  THE  SECRETARY.— Circular  No.  19. 


STANDARDS   OF  PURITY  FOR  FOOD   PRODUCTS. 

Superseding  Circulars  Nos.  13  and  17. 

Supplemental  Proclamation. 


Referring  to  Circular  No.  13  of  this  Office,  dated  December  20, 
1904,  and  to  Circular  No.  17  of  this  Office,  dated  March  8,  1906,  the 
following  food  standards  are  hereby  established  as  superseding  and 
supplemental  to  those  proclaimed  on  the  dates  above  named. 

James  Wilson, 
Secretary  of  Agriculture. 

Washington,  D.  C,  June  26,  1906. 

LETTER  OF  SUBMITTAL. 

The  Honorable  the  Secretary  of  Agriculture. 

Sir:  The  undersigned,  representing  the  Association  of  Official  Agri- 
cultural Chemists  of  the  United  States  and  the  Interstate  Food  Com- 
mission, and  commissioned  by  you,  under  authority  given  by  the  act 
of  Congress  approved  March  3,  1903,  to  collaborate  with  you  "to 
establish  standards  of  purity  for  food  products  and  to  determine  what 
are  regarded  as  adulterations  therein,"  respectfully  report  that  they 
have  carefully  reviewed,  in  the  light  of  recent  investigations  and  cor- 
respondence, the  standards  earlier  recommended  by  them  and  have 
prepared  a  set  of  amended  schedules,  in  which  certain  changes  have 
been  introduced  for  the  purpose  of  securing  increased  accuracy  of 
expression  and  a  more  perfect  correspondence  of  the  chemical  limits 
to  the  normal  materials  designated,  and  from  which  standards  previ- 
ously proclaimed  for  several  manufactured  articles  have  been  omitted 
because  of  the  unsatisfactory  condition  of  trade  nomenclature  as 
applied  thereto ;  and  also  additional  schedules  of  standards  for  ice 
creams,  vegetables  and  vegetable  products,  tea  and  coffee.  They 
respectfully    recommend    that    the    standards    herewith    submitted    be 


142  Food  Standards. 

approved  and  proclaimed  as  the  established  standards,  superseding  and 
supplementing  those  established  on  December  20,  1904,  and  March  8, 
1906. 

The  principles  that  have  guided  us  in  the  formulation  of  these 
standards  are   appended  hereto. 

The    several   schedules    of    additional    standards    recommended   have 

been  submitted,  in  a  tentative  form,  to  the  manufacturing  firms  and 

the  trade  immediately  interested,  and  also  to  the  State  food-control 

officials  for  criticism. 

Respectfully, 

William  Frear, 

Edward  H.  Jenkins, 

m.  a.   scovell, 

H.  A.  Weber, 

H.  W.  Wiley, 

Committee  on  Food  Standards, 

Association  of  Official  Agricultural  Chemists. 

Richard  Fischer, 

Representing  the   Interstate  Food  Commission. 

Washington,  D.  C,  June  26,  igo6. 

PRINCIPLES  ON  WHICH  THE  STANDARDS  ARE  BASED. 

The  general  considerations  which  have  guided  the  committee  in  pre- 
paring the  standards  for  food  products  are  the  following: 

1.  The  standards  are  expressed  in  the  form  of  definitions,  with  or 
■without  accompanying  specifications  of  limit  in  composition. 

2.  The  main  classes  of  food  articles  are  defined  before  the  subor- 
dinate classes  are  considered. 

3.  The  definitions  are  so  framed  as  to  exclude  from  the  articles 
defined  substances  not  included  in  the  definitions. 

4.  The  definitions  include,  where  possible,  those  qualities  which 
make  the  articles  described  wholesome  for  human  food. 

5.  A  term  defined  in  any  of  the  several  schedules  has  the  same 
meaning  wherever  else  it  is  used  in  this  report. 

6.  The  names  of  food  products  herein  defined  usually  agree  with 
existing  American  trade  or  manufacturing  usage;  but  where  such 
usage  is  not  clearly  established  or  where  trade  names  confuse  two  or 
more  articles  for  which  specific  designations  are  desirable,  prefer- 
ence is  given  to  one  of  the  several  trade  names  applied. 

7.  Standards  are  based  upon  data  representing  materials  produced 
under  American  conditions  and  manufactured  by  American  processes 
or  representing  such  varieties  of  foreign  articles  as  are  chiefly  im- 
ported for  American  use. 

8.  The  standards  fixed  are  such  that  a  departure  of  the  articles 
to  which  they  apply,  above  the  maximum  or  below  the  minimum  limit 
prescribed,  is  evidence  that  such  articles  are  of  inferior  or  abnormal 
quality. 

9.  The  limits  fixed  as  standard  are  not  necessarily  the  extremes 
authentically  recorded  for  the  article  in  question,  because  such  extremes 
are  commonly  due  to  abnormal  conditions  of  production  and  are  usually 
accompanied  by  marks  of  inferiority  or  abnormality  readily  perceived 
by  the  producer  or  manufacturer. 


Animal  Products.  143 


FOOD  STANDARDS. 

/.  ANIMAL  PRODUCTS. 

A.  Meats  and  the  Principal  Meat  Products. 


1.  Meat,  flesh,  is  any  clean,  sound,  dressed,  and  properly  prepared 
•edible  part  of  animals  in  good  health  at  the  time  of  slaughter,  and  if 
it  bears  a  name  descriptive  of  its  kind,  composition,  or  origin,  it  corre- 
sponds thereto.  The  term  "animals,"  as  herein  used,  includes  not  only 
mammals,  but  fish,  fowl,  crustaceans,  mollusks,  and  all  other  animals 
used  as  food. 

2.  Fresh  meat  is  meat  from  animals  recently  slaughtered  and  properly 
cooled  until  delivered  to  the  consumer. 

3.  Cold  storage  meat  is  meat  from  animals  recently  slaughtered  and 
preserved  by  refrigeration  until  delivered  to  the  consumer. 

4.  Salted,  pickled,  and  smoked  meats  are  unmixed  meats  preserved 
by  salt,  sugar,  vinegar,  spices,  or  smoke,  singly  or  in  combination, 
whether  in  bulk  or  in  suitable  containers. 

b.  MANUFACTURED  MEATS. 

I.  Manufactured  meats  are  meats  not  included  in  paragraphs  2,  3, 
and  4,  whether  simple  or  mixed,  whole  or  comminuted,  in  bulk  or 
in  suitable  containers,  with  or  without  the  addition  of  salt,  sugar, 
vinegar,  spices,  smoke,  oils,  or  rendered  fat.  If  they  bear  names 
descriptive  of  kind,  composition,  or  origin,  they  correspond  thereto 
and  when  bearing  such  descriptive  names,  if  force  or  flavoring  meats 
are  used,  the  kind  and  quantity  thereof  are  made  known. 

C.    MEAT   EXTRACTS,    MEAT    PEPTONES,   ETC. 

(Schedule   in  preparation.) 

d.    LARD. 

1.  Lard  is  the  rendered  fresh  fat  from  hogs  in  good  health  at  the 
time  of  slaughter,  is  clean,  free  from  rancidity,  and  contains,  neces- 
sarily incorporated  in  the  process  of  rendering,  not  more  than  one  (i) 
per  cent  of  substances,  other  than  faty  acids  and  fat. 

2.  Leaf  lard  is  lard  rendered  at  moderately  high  temperatures  from 
the  internal  fat  of  the  abdomen  of  the  hog,  excluding  that  adherent  to 
the  intestines,  and  has  an  iodin  number  not  greater  than  sixty  (60). 

3.  Neutral  lard  is  lard  rendered  at  low  temperatures. 

B.  Milk  and  Its  Products. 

a.  milks. 

1.  Milk  is  the  fresh,  clean,  lacteal  secretion  obtained  by  the  complete 
milking  of  one  or  more  healthy  cows,  properly  fed  and  kept,  exclud- 
ing that  obtained  within  fifteen  days  before  and  ten  days  after  calving, 
and  contains  not  less  than  eight  and  one-half  (8.5)  per  cent  of  soilds 
not  fat,  and  not  less  than  three  and  one-quarter  (3-25)  pcr  cent  of 
milk  fat. 

2.  Blended  milk  is  milk  modified  in  its  composition  so  as  to  have  a 
.definite  and  stated  percentage  of  one  or  more  of  its  constituents. 

3.  Skim  milk  is  milk  from  which  a  part  or  all  of  tlie  cream  has  been 


144  Food  Standards. 

removed  and  contains  not  less  than  nine  and  one-quarter    (9.25)   per 
cent  of  milk  solids. 

4.  Pasteurised  milk  is  milk  that  has  been  heated  below  boiling  but 
sufficiently  to  kill  most  of  the  active  organisms  present  and  immedi- 
ately cooled  to  50°  Fahr.  or  lower. 

5.  Sterilized  milk  is  milk  that  has  been  heated  at  the  temperature  of 
boiling  water  or  higher  for  a  length  of  time  sufficient  to  kill  all  organ- 
isms present. 

6.  Condensed  milk,  evaporated  milk,  is  milk  from  which  a  consider- 
able portion  of  water  has  been  evaporated  and  contains  not  less  than 
twenty-eight  (28)  per  cent  of  milk  solids  of  which  not  less  than  twenty- 
seven  and  five-tenths  (27.5)  per  cent  is  milk  fat. 

7.  Szvcete>ied  condensed  milk  is  milk  from  which  a  considerable  por- 
tion of  water  has  been  evaporated  and  to  which  sugar  (sucrose)  has 
been  added,  and  contains  not  less  than  twenty-eight  (28)  per  cent  of 
milk  solids,  of  which  not  less  than  twenty-seven  and  five-tenths  (27.5) 
per  cent  is  milk  fat. 

8.  Condensed  skim  milk  is  skim  milk  from  which  a  considerable  por- 
tion of  water  has  been  evaporated. 

9.  Buttermilk  is  the  product  that  remains  when  butter  is  removed 
from  milk  or  cream  in  the  process  of  churning. 

ID.  Goat's  milk,  ewe's  milk,  et  cetera,  are  the  fresh,  clean  lacteal 
secretions,  free  from  colostrum,  obtained  by  the  complete  milking  of 
healthy  animals  other  than  cows,  properly  fed  and  kept,  and  conform 
in  name  to  the  species  of  animal  from  which  they  are  obtained. 

b.   CREAM. 

1.  Cream  is  that  portion  of  milk,  rich  in  milk  fat,  which  rises  to  the 
surface  of  milk  on  standing,  or  is  separated  from  it  by  centrifugal 
force,  is  fresh  and  clean  and  contains  not  less  than  eighteen  (18)  per 
cent  of  milk  fat. 

2.  Evaporated  cream,  clotted  cream,  is  cream  from  which  a  consid- 
erable portion  of  water  has  been  evaporated. 

C.    MILK    FAT    OR    BUTTER    FAT. 

I.  Milk  fat,  butter  fat,  is  the  fat  of  milk  and  has  a  Reichert-Meissl 
number  not  less  than  twenty-four   (24)   and  a  specific  gravity  not  less 

than  0.905  (^) 

d.  BUTTER. 

1.  Butter  is  the  clean,  non-rancid  product  made  by  gathering  in  any 
manner  the  fat  of  fresh  or  ripened  milk  or  cream  into  a  mass,  which 
also  contains  a  small  portion  of  the  other  milk  constituents,  with  or 
without  salt,  and  contains  not  less  than  eighty-two  and  five-tenths 
(82.5)  per  cent  of  milk  fat.  By  acts  of  Congress  approved  August  2, 
1886,  and  May  9,  1902,  butter  may  also  contain  added  coloring  matter. 

2.  Renovated  butter,  process  butter,  is  the  product  made  by  melting 
butter  and  reworking,  without  the  addition  or  use  of  chemicals  or 
any  substances  except  milk,  cream,  or  salt,  and  contains  not  more  than 
sixteen  (16)  per  cent  of  water  and  at  least  eighty-two  and  five-tenths 
(82.5)  per  cent  of  milk  fat. 

e.  CHEESE. 

I.  Cheese  is  the  sound,  solid,  and  ripened  product  made  from  milk  or 
cream   by  coagulating  the   casein   thereof   with    rennet   or   lactic   acid, 


Vegetable   Products.  145 

with  or  without  the  addition  of  ripening  ferments  and  seasoning,  and 
contains,  in  the  water-free  substance,  not  less  th?n  fifty  (50)  per  cent 
of  milk  fat.  By  act  of  Congress,  approved  June  6,  1896,  cheese  may 
also  contain  added  coloring  matter. 

2.  Ski»i  milk  cheese  is  the  sound,  solid,  and  ripened  product,  made 
from  skim  milk  by  coagulating  the  casein  thereof  with  rennet  or  lactic 
acid,  with  or  without  the  addition  of  ripening  ferments  and  seasoning. 

3.  Goat's  milk  cheese,  ewe's  milk  cheese,  ct  cetera,  are  the  sound, 
ripened  products  made  from  the  milks  of  the  animals  specified,  by 
coagulating  the  casein  thereof  with  rennet  or  lactic  acid,  with  or  with- 
out the  addition  of  ripening  ferments  and  seasoning. 

f.    ICE   CREAM. 

1.  Ice  cream  is  a  frozen  product  made  from  cream  and  sugar,  with 
or  without  a  natural  flavoring,  and  contains  not  less  than  fourteen  (14) 
per  cent  of  milk  fat. 

2.  Fruit  ice  cream  is  a  frozen  product  made  from  cream,  sugar,  and 
sound,  clean,  mature  fruits,  and  contains  not  less  than  twelve  (12)  per 
cent  of  milk  fat. 

3.  Nut  ice  cream  is  a  frozen  product  made  from  cream,  sugar,  and 
sound,  non-rancid  nuts,  and  contains  not  less  than  twelve  (12)  per  cent 
of  milk  fat. 

g.    MISCELLANEOUS    MILK    PRODUCTS. 

1.  Whey  is  the  product  remaining  after  the  removal  of  fat  and  casein 
from  milk  in  the  process  of  cheese-making. 

2.  Kumiss  is  the  product  made  by  the  alcoholic  fermentation  of 
mare's  or  cow's  milk. 

//.    VEGETABLE  PRODUCTS. 

A.  Grain   Products.  • 

a.   GRAINS  AND  MEALS. 

1.  Grain  is  the  fully  matured,  clean,  sound,  air-dry  seed  of  wheat, 
maize,  rice,  oats,  rye,  buckwheat,  barley,  sorghum,  millet,  or  spelt. 

2.  Meal  is  the  clean,  sound  product  made  by  grinding  grain. 

3.  Flour  is  the  fine,  clean,  sound  product  made  by  bolting  wheat  meal 
and  contains  not  more  than  thirteen  and  one-half  (13.5)  per  cent  of 
moisture,  not  less  than  one  and  twenty-five  hundredths  (1.25)  per  cent 
of  nitrogen,  not  more  than  one  (i)  per  cent  of  ash,  and  not  more  than 
fifty  hundredths   (0.50)  per  cent  of  fiber. 

4.  Graham  flour  is  unbolted  wheat  meal. 

5.  Gluten  flour  is  the  clean,  sound  product  made  from  flour  by  the 
removal  of  starch  and  contains  not  less  than  five  and  six-tenths  (5.6) 
per  cent  of  nitrogen  and  not  more  than  ten  (10)  per  cent  of  moisture. 

6.  Maize  meal,  corn  meal,  Indian  corn  meal,  is  meal  made  from  sound 
maize  grain  and  contains  not  more  than  fourteen  (14)  per  cent  of 
moisture,  not  less  than  one  and  twelve  hundredths  (1.12)  per  cent  of. 
nitrogen,  and  not  more  than  one  and  six-tenths  (1.6)  per  cent  of  ash.. 

7.  Rice  is  the  hulled,  or  hulled  and  polished  grain  of  Oryza  sativa'.. 

8.  Oatmeal  is  meal  made  from  hulled  oats  and  contains  not  more 
than  twelve  (12)  per  cent  of  moisture,  not  more  than  one  and  five- 
tenths  (1.5)  per  cent  of  crude  fiber,  not  less  than  two  and  twenty-four 
hundredths  (2.24)  per  cent  of  nitrogen,  and  not  more  than  two  and 
two-tenths   (2.2)   per  cent  of  ash. 


146 


Food  Standards. 


9.  Rye  flour  is  the  fine,  clean,  sound  product  made  by  bolting  rye 
meal  and  contains  not  more  than  thirteen  and  one-half  (13.5)  per  cent 
of  moisture,  not  less  than  one  and  thirty-six  hundredths  (1.36)  per  cent 
of  nitrogen,  and  not  more  than  one  and  twenty-five  hundredths  (1.25) 
per  cent  of  ash. 

ID.  Buckwheat  flour  is  bolted  buckwheat  meal  and  contains  not  more 
than  twelve  (12)  per  cent  of  moisture,  not  less  than  one  and  twenty- 
eight  hundredths  (1.28)  per  cent  of  nitrogen,  and  not  more  than  one 
and  seventy-five  hundredths   (1.75)   per  cent  of  ash. 

B.  Fruit  and  Vegetables. 

a.    FRUIT    AND    FRUIT    PRODUCTS. 

(Except  fruit  juices,  fresh,  sweet,  and  fermented,  and  vinegars.) 

1.  Fruits  are  the  clean,  sound,  edible,  fleshy  fructifications  of  plants, 
distinguished  by  their  sweet,  acid,  and  ethereal  flavors. 

2.  Dried  fruit  is  the  clean,  sound  product  made  by  drying  mature, 
properly  prepared,  fresh  fruit  in  such  a  way  as  to  take  up  no  harmful 
substance,  and  conforms  in  name  to  the  fruit  used  in  its  preparation ; 
sun-dried  fruit  is  dried  fruit  made  by  drying  without  the  use  of  arti- 
ficial means ;  evaporated  fruit  is  dried  fruit  made  by  drying  with  the 
use  of  artificial  means. 

3.  Evaporated  apples  are  evaporated  fruit  made  from  peeled  and 
cored  apples,  and  contain  not  more  than  twenty-seven  (27)  per  cent  of 
moisture  determined  by  the  usual  commercial  method  of  drying  for 
four  (4)  hours  at  the  temperature  of  boiling  water. 

(Standards  for  other  dried  fruits  are  in  preparation.) 

4.  Canned  fruit  is  the  sound  product  made  by  sterilizing  clean,  sound, 
properly  matured  and  prepared  fresh  fruit,  by  heating,  with  or  without 
sugar  (sucrose)  and  spices,  and  keeping  in  suitable,  clean,  hermetically 
sealed  containers  and  conforms  in  name  to  the  fruit  used  in  its  prep- 
aration. 

5.  Preserve  is  the  sound  product  made  from  clean,  sound,  properly 
matured  and  prepared  fresh  fruit  and  sugar  (sucrose)  sirup,  with  or 
without  spices  or  vinegar,  and  conforms  in  name  to  that  of  the  fruit 
used,  and  in  its  preparation  not  less  than  forty-five  (45)  pounds  of 
fruit  are  used  to  each  fifty-five   (55)   pounds  of  sugar. 

6.  Honey  preserve  is  preserve  in  which  honey  is  used  in  place  of 
sugar  (sucrose)  sirup. 

7.  Glucose  preserve  is  preserve  in  which  a  glucose  product  is  used 
in  place  of  sugar  (sucrose)  sirup. 

8.  Jam,  marmalade ;  is  the  sound  product  made  from  clean,  sound, 
properly  matured  and  prepared  fresh  fruit  and  sugar  (sucrose),  with 
or  without  spices  or  vinegar,  by  boiling  to  a  pulpy  or  semisolid  con- 
sistence, and  conforms  in  name  to  the  fruit  used,  and  in  its  prepara- 
tion not  less  than  forty-five  (45)  pounds  of  fruit  are  used  to  each 
fifty-five  (55)  pounds  of  sugar. 

9.  Glucose  jam,  glucose  marmalade  is  jam  in  which  a  glucose  prod- 
uct is  used  in  place  of  sugar  (sucrose). 

ID.  Fruit  butter  is  the  sound  product  made  from  fruit  juice  and 
clean,  sound,  properly  matured  and  prepared  fruit,  evaporated  to  a  semi- 
solid mass  of  homogeneous  consistence,  with  or  without  the  addition 
of  sugar  and  spices  or  vinegar,  and  conforms  in  name  to  the  fruit  used 
in  its  preparation. 

11.  Glucose  fruit  butter  is  fruit  butter  in  which  a  glucose  product  is 
used  in  place  of  sugar  (sucrose). 

12.  Jelly  is   the  .sound,  semisolid,  gelatinous  product  made  by  boil- 


Sugar  and  Related  Substances.  147 

ing  clean,  sound,  properly  matured  and  prepared  fresh  fruit  with  water, 
concentrating  the  expressed  and  strained  juice,  to  which  sugar  (sucrose) 
is  added,  and  conforms  in  name  to  the  fruit  used  in  its  preparation. 

13.  Glucose  jelly  is  jelly  in  which  a  glucose  product  is  used  in  place 
of  sugar  (sucrose). 

b.    VEGETABLES    AND   VEGETABLE   PRODUCTS. 

1.  Vegetables  are  the  succulent,  clean,  sound,  edible  parts  of  herba- 
ceous plants  used  for  culinary  purposes. 

2.  Dried  zegetables  are  the  clean,  sound  products  made  by  drying 
properly  matured  and  prepared  vegetables  in  such  a  way  as  to  take  up 
no  harmful  substance,  and  conform  in  name  to  the  vegetables  used  in 
their  preparation;  sun-dried  vegetables  are  dried  vegetables  made  by 
drying  without  the  use  of  artificial  means;  evaporated  vegetables  are 
dried  vegetables  made  by  drying  with  the  use  of  artificial  means. 

3.  Canned  vegetables  are  sound,  properly  matured  and  prepared  fresh 
vegetables,  with  or  without  salt,  sterilized  by  heat,  with  or  without  pre- 
vious cooking  in  vessels  from  which  they  take  up  no  metallic  sub- 
stance, kept  in  suitable,  clean,  hermetically  sealed  containers,  are  sound 
and  conform  in  name  to  the  vegetables  used  in  their  preparation. 

4.  Pickles  are  clean,  sound,  immature  cucumbers,  properly  prepared, 
without  taking  up  any  metallic  compound  other  than  salt,  and  preserved 
in  any  kind  of  vinegar,  with  or  without  spices;  pickled  o)iions,  pickled 
beets,  pickled  beans,  and  other  pickled  vegetables  are  vegetables  pre- 
pared as  described  above,  and  conform  in  name  to  the  vegetables  used, 

5.  Salt  pickles  are  clean,  sound,  immature  cucumbers,  preserved  in  a 
solution  of  common  salt,  with  or  without  spices. 

6.  Sweet  pickles  are  pickled  cucumbers  or  other  vegetables  in  the 
preparation  of  which  sugar   (sucrose)    is  used. 

7.  Sauerkraut  is  clean,  sound,  properly  prepared  cabbage,  mixed  with 
salt,  and  subjected  to  fermentation. 

8.  Catchup  (ketchup,  catsup)  is  the  clean,  sound  product  made  from 
the  properly  prepared  pulp  of  clean,  sound,  fresh,  ripe  tomatoes,  with 
spices  and  with  or  without  sugar  and  vinegar;  mushroom  catchup,  wal- 
nut catchup,  et  cetera,  are  catchups  made  as  above  described,  and  con- 
form in  name  to  the  substances  used  in  their  preparation. 

C.  Sugars  and  Related   Substances. 
a.  SUGAR  and  sugar  products. 


1.  Sugar  is  the  product  chemically  known  as  sucrose  (saccharose) 
chiefly  obtained  from  sugar  cane,  sugar  beets,  sorghum,  maple,  and 
palm. 

2.  Granulated,  loaf,  cut,  milled,  and  powdered  sugars  are  different 
forms  of  sugar  and  contain  at  least  ninety-nine  and  five-tenth  (99.5) 
per  cent  of  sucrose. 

3.  Maple  sugar  is  the  solid  product  resulting  from  the  evaporation  of 
maple  sap,  and  contains,  in  the  water-free  substance,  not  less  than 
sixty-five  one-hundredths   (0.65)   per  cent  of  maple  sugnr  ash. 

4.  Massecuite,  melada.  mush  sugar,  and  concrete  are  products  made 
by  evaporating  the  purified  juice  of  a  sugar-producing  plant,  or  a  solu- 
tion of  sugar,  to  a  solid  or  semisolid  consistence,  and  in  which  the 
.sugar  chiefly  exists  in  a  crystalline  state. 

molasses  and  refiners'  sirup. 

I.  Molasses  is  the  product  left  after  separating  the  sugar  from  masse- 
cuite, melada,  mush   sugar,   or  concrete,  and   contains  not  more  than 


148 


Food  Standards, 


twenty-five    (25)    per  cent  of  water  and  not  more  than  five    (5)    per 
cent  of  ash. 

2.  Refiners'  sirup,  treacle,  is  the  residual  liquid  product  obtained  in 
the  process  of  refining  raw  sugars  and  contains  not  more  than  twenty- 
five  (25)  per  cent  of  water  and  not  more  than  eight  (8)  per  cent  of 
ash. 


1.  Sirup  is  the  sound  product  made  by  purifying  and  evaporating  the 
juice  of  a  sugar-producing  plant  without  removing  any  of  the  sugar. 

2.  Sugar-cane  sirup  is  sirup  made  by  the  evaporation  of  the  juice 
of  the  sugar-cane  or  by  the  solution  of  sugar-cane  concrete,  and  con- 
tains not  more  than  thirty  (30)  per  cent  of  water  and  not  more  than 
two  and  five-tenths   (2.5)  per  cent  of  ash. 

3.  Sorghum  sirup  is  sirup  made  by  the  evaporation  of  sorghum  juice 
or  by  the  solution  of  sorghum  concrete,  and  contains  not  more  than 
thirty  (30)  per  cent  of  water  and  not  more  than  two  and  five-tenths 
(2.5)   per  cent  of  ash. 

4.  Maple  sirup  is  sirup  made  by  the  evaporation  of  maple  sap  or  by 
the  solution  of  maple  concrete,  and  contains  not  more  than  thirty-two 
(32)  per  cent  of  water  and  not  less  than  forty-five  hundredths  (0.45) 
per  cent  of  maple  sirup  ash. 

5.  Sugar  sirup  is  the  product  made  by  dissolving  sugar  to  the  con- 
sistence of  a  sirup  and  contains  not  more  than  thirty-five  (35)  per  cent 
of  water. 

b.   GLUCOSE  PRODUCTS. 

1.  Starch  sugar  is  the  solid  product  made  by  hydrolyzing  starch  or  a 
starch-containing  substance  until  the  greater  part  of  the  starch  is 
converted  into  dextrose.  Starch  sugar  appears  in  commerce  in  two 
forms,  anhydrous  starch  sugar  and  hydrous  starch  sugar.  The  former, 
crystallized  without  water  of  crystallization,  contains  not  less  than 
ninety-five  (95)  per  cent  of  dextrose  and  not  more  than  eight-tenths 
(0.8)  per  cent  of  ash.  The  latter,  crystallized  with  water  of  crystalliza- 
tion, is  of  two  varieties — 70  sugar,  also  known  as  brewers'  sugar,  con- 
tains not  less  than  seventy  (70)  per  cent  of  dextrose  and  not  more 
than  eight-tenths  (0.8)  per  cent  of  ash  ;  80  sugar,  climax  or  acme  sugar, 
contains  not  less  than  eighty  (80)  per  cent  of  dextrose  and  not  more 
than  one  and  one-half  (1.5)  per  cent  of  ash. 

The  ash  of  all  these  products  consists  almost  entirely  of  chlorids  and 
sulphates. 

2.  Glucose,  mixing  glucose,  confectioner's  glucose,  is  a  thick,  sirupy, 
colorless  product  made  by  incompletely  hydrolyzing  starch,  or  a  starch- 
containing  substance,  and  decolorizing  and  evaporating  the  product.  It 
varies  in  density  from  forty-one  (41)  to  forty-five  (45)  degrees  Baume 
at  a  temperature  of  100°  Fahr.  {37.7°  C),  and  conforms  in  density, 
within  these  limits,  to  the  degree  Baume  it  is  claimed  to  show,  and  for  a 
density  of  forty-one  (41)  degrees  Baume  contains  not  more  than 
twenty-one  (21)  per  cent  and  for  a  density  of  forty-five  (45)  degrees 
not  more  than  fourteen  (14)  per  cent  of  water.  It  contains  on  a  basis 
of  forty-one  (41)  degrees  I?aume  not  more  than  one  (i)  per  cent  of 
ash,  consisting  chiefly  of  chlorids  and  sulphates. 


I.  Candy   is   a  product   made   from   a   saccharine   substance   or   sub- 
stances with  or  without  the  addition  of  harmless  coloring,  flavoring,  or 


Condiments.  149 

filling  materials  and  contains  no  terra  alba,  barytes,  talc,  chrome  yellow, 
or  other  mineral  substances,  or  poisonous  colors  or  flavors,  or  other 
ingredients  deleterious  or  detrimental  to  health,  or  any  vinous,  malt,  or 
spirituous  liquor  or  compound,  or  narcotic  drug. 

d.    HONEY. 

1.  Honey  is  the  nectar  and  saccharine  exudations  of  plants  gathered, 
modified,  and  stored  in  the  comb  by  honey  bees  {Apis  mellifica  and  A. 
dorsata)  ;  is  Isevo-rotatory.  contains  not  more  than  twenty-five  (25)  per 
cent  of  water,  not  more  than  twenty-five  hundredths  (0.25)  per  cent  of 
ash,  and  not  more  than  eight  (8)  per  cent  of  sucrose. 

2.  Comb  honey  is  honey  contained  in  the  cells  of  comb. 

3.  Extracted  honey  is  honey  which  has  been  separated  from  the  un- 
crushed  comb  by  centrifugal  force  or  gravity. 

4.  Strained  honey  is  honey  removed  from  the  crushed  comb  by  strain- 
ing or  other  means. 

D.  Condiments  (except  Vinegar  and  Salt). 


1.  Spices  are  aromatic  vegetable  substances  used  for  the  seasoning 
of  food  and  from  which  no  portion  of  any  volatile  oil  or  other  flavoring 
principle  has  been  removed  and  which  are  clean,  sound,  and  true  to 
name. 

2.  Allspice,  pimento,  is  the  dried  fruit  of  the  Pimcnta  pimenta  (L.) 
Karst.,  and  contains  not  less  than  eight  (8)  per  cent  of  quercitannic 
acid  ;*  not  more  than  six  (6)  per  cent  of  total  ash,  not  more  than  five- 
tenths  (0.5)  per  cent  of  ash  insoluble  in  hydrochloric  acid,  and  not 
more  than  twenty-five  (25)  per  cent  of  crude  fiber. 

3.  Anise  is  the  fruit  of  the  Pimpinclla  anisum  L. 

4.  Bay  leaf  is  the  dried  leaf  of  Laurus  nobilis  L. 

5.  Capers  are  the  flower  buds  of  Capparis  spinosa  L. 

6.  Caraway  is  the  fruit  of  Carum  carvi  L. 

CAYENNE    AND    RED       PEPPERS. 

7.  Red  pepper  is  the  red,  dried,  ripe  fruit  of  any  species  of  Capsicum. 

8.  Cayenne  pepper,  cayenne,  is  the  dried  ripe  fruit  of  Capsicum  fru- 
tescens  L.,  Capsicum  baccatum  L.,  or  some  other  small-fruited  species 
of  Capsicum,  and  contains  not  less  than  fifteen  (15)  per  cent  of  non- 
volatile ether  extract;  not  more  than  six  and  five-tenths  (6.5)  per  cent 
of  total  ash;  not  more  than  five-tenths  (0.5)  per  cent  of  ash  insoluble 
in  hydrochloric  acid;  not  more  than  one  and  five-tenths  (i-S)  per  cent 
of  starch,  and  not  more  than  twenty-eight  (28)  per  cent  of  crude  fiber. 

9.  Paprika  is  the  dried  ripe  fruit  of  Capsicum  annuum  L.,  or  some 
other  large-fruited  species  of  Capsicum,  excluding  seeds  and  stems. 

10.  Celery  seed  is  the  dried  fruit  of  Apium  graveolens  L. 

11.  Cinnamon  is  the  dried  bark  of  any  species  of  the  genus  Cinua- 
momum  from  which  the  outer  layers  may  or  may  not  have  been  re- 
moved. 

12.  True  cinnamon  is  the  dried  inner  bark  of  Ciniiamomum  zcylani- 
cum  Breyne. 

13.  Cassia  is  the  dried  bark  of  various  species  of  Cinnamomum,  otiier 
than  Cinnamomum  zeylanicum,  from  which  the  outer  layers  may  or 
may  not  have  been  removed. 

a  Calculated  from  the  total  oxygen  absorbed  by  the  aqueous  extract. 


150  Food  Standards. 

14.  Cassia  buds  are  the  dried  immature  fruit  of  species  of  Cinnanio- 
mum. 

15.  Ground  cinnamon,  ground  cassia,  is  a  powder  consisting  of  cinna- 
mon, cassia,  or  cassia  buds,  or  a  mixture  of  these  spices,  and  contains 
not  more  than  six  (6)  per  cent  of  total  ash  and  not  more  than  two 
(2)  per  cent  of  sand. 

16.  Cloves  are  the  dried  flower  buds  of  Caryophyllus  aromaticus  L., 
which  contain  not  more  than  five  (5)  per  cent  of  clove  stems;  not  less 
than  ten  (10)  per  cent  of  volatile  ether  extract;  not  less  than  twelve 
(12)  per  cent  of  quercitannic  acid^;  not  more  than  eight  (8)  per  cent 
of  total  ash;  not  more  than  five-tenths  (0.5)  per  cent  of  ash  insoluble 
in  hydrochloric  acid,  and  not  more  than  ten  (10)  per  cent  of  crude  fiber. 

17.  Coriander  is  the  dried  fruit  of  Coriandrum  sativum  L. 

18.  Cumin  seed  is  the  fruit  of  Cuminum  cyminum  L. 

19.  Dill  seed  is  the  fruit  of  Anethum  graveolens  L. 

20.  Fennel  is  the  fruit  of  Focniculum  foeniculmn  (L.)  Karst. 

21.  Ginger  is  the  washed  and  dried  or  decorticated  and  dried  rhizome 
of  Zinziber  zingiber  (L.)  Karst.,  and  contains  not  less  than  forty-two 
(42)  per  cent  of  starch;  not  more  than  eight  (8)  per  cent  of  crude 
fiber,  not  more  than  six  (6)  per  cent  of  total  ash,  not  more  than  one 
(i)  per  cent  of  lime,  and  not  more  than  three  (3)  per  cent  of  ash 
insoluble  in  hydrochloric  acid. 

22.  Limed  ginger,  bleached  ginger,  is  whole  ginger  coated  with  car- 
bonate of  lime  and  contains  not  more  than  ten  (10)  per  cent  of  ash, 
not  more  than  four  (4)  per  cent  of  carbonate  of  lime,  and  conforms  in 
other  respects  to  the  standard  for  ginger. 

23.  Horse-radish  is  the  root  of  Roripa  armoracia  (L.)  Hitchcock, 
either  by  itself  or  ground  and  mixed  with  vinegar. 

24.  Mace  is  the  dried  arillus  of  Myristica  fragrans  Houttuyn,  and 
contains  not  less  than  twenty  (20)  nor  more  than  thirty  (30)  per  cent 
of  nonvolatile  ether  extract,  not  more  than  three  (3)  per  cent  of  total 
ash,  and  not  more  than  five-tenths  (0.5)  per  cent  of  ash  insoluble  in 
hydrochloric  acid,  and  not  more  than  ten  (10)  per  cent  of  crude  fiber. 

25.  Macassar  mace,  Papua  mace,  is  the  dried  arillus  of  Myristica 
ar gen  tea  Warb. 

26.  Bombay  mace  is  the  dried  arillus  of  Myristica  malabarica  La- 
marck. 

27.  Marjoram  is  the  leaf,  flower  and  branch  of  Majorana  majorana 
(L.)  Karst. 

28.  Mustard  seed  is  the  seed  of  Sinapis  alba  L.  (white  mustard), 
Brassica  nigra  (L.)  Koch  (black  mustard),  or  Brassica  juncea  (L.) 
Cosson   (black  or  brown  mustard). 

29.  Ground  viustard  is  a  powder  made  from  mustard  seed,  with  or 
without  the  removal  of  the  hulls  and  a  portion  of  the  fixed  oil,  and  con- 
tains not  more  than  two  and  five-tenths  (2.5)  per  cent  of  starch  and 
not  more  than  eight  (8)  per  cent  of  total  ash. 

30.  Prepared  mustard,  German  mustard,  French  mustard,  mustard 
paste,  is  a  paste  composed  of  a  mixture  of  ground  mustard  seed  or 
mustard  flour  with  salt,  spices  and  vinegar,  and,  calculated  free  from 
water,  fat  and  salt,  contains  not  more  than  twenty-four  (24)  per  cent 
of  carbohydrates,  calculated  as  starch,  determined  according  to  the 
official  methods,  not  more  than  twelve  (12)  per  cent  of  crude  fiber  nor 
less  than  thirty-five  (35)  per  cent  of  protein,  derived  solely  from  the 
materials  named. 

31.  Nutmeg  is  the  dried  seed  of  the  Myristica  fragrans  Houttuyn,  de- 
prived of  its  testa,  with  or  without  a  thin  coating  of  lime,  and  con- 

a  Calculated  from  the  total  oxygen  absorbed  by  the  aqueous  extract. 


Flavoring  Extracts.  151 

tains  not  less  than  twenty-five  (25)  per  cent  of  nonvolatile  ether  ex- 
tract, not  more  than  five  (5)  per  cent  of  total  ash.  not  more  than  five- 
tenths  (0.5)  per  cent  of  ash  insoluble  in  hydrochloric  acid,  and  not 
more  than  ten  (10)  per  cent  of  crude  fiber. 

32.  Macassar  iiut)]teg,  Paf>na  nutmeg,  male  nutmeg,  long  nutmeg,  is 
the  dried  seed  of  Myristica  argent ca  Warb.  deprived  of  its  testa. 


33.  Black  pepper  is  the  dried  immature  berry  of  Piper  nigrum  L.  and 
contains  not  less  than  six  (6)  per  cent  of  nonvolatile  ether  extract,  not 
less  than  twenty-five  (25)  per  cent  of  starch,  not  more  than  seven  (7) 
per  cent  of  total  ash,  not  more  than  two  (2)  per  cent  of  ash  insoluble 
in  hydrochloric  acid,  and  not  more  than  fifteen  (15)  per  cent  of  crude 
fiber.  One  hundred  parts  of  the  nonvolatile  ether  extract  contain  not 
less  than  three  and  one-quarter  (3.25)  parts  of  nitrogen.  Ground 
black  pepper  is  the  product  made  by  grinding  the  entire  berry  and  con- 
tains the  several  parts  of  the  berry  in  their  normal  proportions. 

34.  Long  pepper  is  the  dried  fruit  of  Piper  longum  L. 

35.  White  pepper  is  the  dried  mature  berry  of  Piper  nigrum  L.  from 
which  the  outer  coating  or  the  outer  and  inner  coatings  have  been 
removed  and  contains  not  less  than  six  (6)  per  cent  of  nonvolatile  ether 
extract,  not  less  than  fifty  (50)  per  cent  of  starch,  not  more  than  four 
(4)  per  cent  of  total  ash,  not  more  than  five-tenths  (0.5)  per  cent  of 
ash  insoluble  in  hydrochloric  acid,  and  not  more  than  five  (5)  per  cent 
of  cmde  fiber.  One  hundred  parts  of  the  nonvolatile  ether  extract  con- 
tain not  less  than  four   (4)   parts  of  nitrogen. 

36.  Saffron  is  the  dried  stigma  of  Crocus  sativus  L. 
T,y.  Sage  is  the  leaf  of  Salvia  officinalis  L. 

38.  Sax'ory,  summer  savory,  is  the  leaf,  blossom,  and  branch  of  Snt- 
ureja  hortensis  L. 

39.  Thyme  is  the  leaf  and  tip  of  blooming  branches  of  Thymus  vul- 
garis L. 

b.    FLAVORING  EXTRACTS. 

1.  A  flavoring  extract^  is  a  solution  in  ethyl  alcohol  of  proper  strength 
of  the  sapid  and  odorous  principles  derived  from  an  aromatic  plant,  or 
parts  of  the  plant,  with  or  without  its  coloring  matter,  and  conforms  in 
name  to  the  plant  used  in  its  preparation. 

2.  Almond  extract  is  the  flavoring  extract  prepared  from  oil  of  bitter 
almonds,  free  from  hydrocyanic  acid,  and  contains  not  less  than  one 
(i)  per  cent  by  volume  of  oil  of  bitter  almonds. 

2a.  Oil  of  hitter  almonds,  commercial,  is  the  volatile  oil  obtained 
from  the  seed  of  the  bitter  almond  (Amygdalus  communis  L.),  the 
apricot   (Prunus  armeniaca  L.),  or  the  peach   (Amygdalus  persica  L.). 

3.  Anise  extract  is  the  flavoring  extract  prepared  from  oil  of  anise, 
and  contains  not  les<;  than  three  (3)  per  cent  by  volume  of  oil  of  anise. 

3fl.  Oil  of  anise  is  the  volatile  oil  obtained  from  the  anise  seed. 

4.  Celery  seed  extract  is  the  flavoring  extract  prepared  from  celery 
seed  or  the  oil  of  celery  seed,  or  both,  and  contains  not  less  than  three- 
tenths   (0.3)    per  cent  by  volume  of  oil  of  celery  seed. 

4a.  Oil  of  celery  seed  is  the  volatile  oil  obtained  from  celery  seed. 

5.  Cassia  extract  is  the  flavoring  extract  prepared  from  oil  of  cassia 
and  contains  not  less  than  two  (2)  per  cent  by  volume  of  oil  of  cassia. 

a  The  flavoring  extracts  described  are  intended  solely  for  food  purposes  and 
are  not  to  be  confounded  with  similar  preparations  described  in  the  PharmacoptEia 
for  medicinal  purposes. 


152  Food  Standards. 

5a.  Oil  of  cassia  is  the  lead-free  volatile  oil  obtained  from  the  leaves 
or  bark  of  Cinnamomuni  cassia  Bl.,  and  contains  not  less  than  seventy- 
five  (75)  per  cent  by  weight  of  cinnamic  aldehyde. 

6.  Cinnamon  extract  is  the  flavoring  extract  prepared  from  oil  of 
cinnamon,  and  contains  not  less  than  two  (2)  per  cent  by  volume  of 
oil  of  cinnamon. 

6a.  Oil  of  cinnamon  is  the  lead-free  volatile  oil  obtained  from  the 
bark  of  the  Ceylon  cinnamon  {Cinnanwmum  zcylanicmn  Breyne),  and 
contains  not  less  than  sixty-five  (65)  per  cent  by  weight  of  cinnamic 
aldehyde  and  not  more  than  ten  (10)  per  cent  by  weight  of  eugenol. 

7.  Clove  extract  is  the  flavoring  extract  prepared  from  oil  of  cloves, 
and  contains  not  less  than  two  (2)  per  cent  by  volume  of  oil  of  cloves. 

ya.  Oil  of  cloves  is  the  lead-free,  volatile  oil  obtained  from  cloves. 

8.  Ginger  extract  is  the  flavoring  extract  prepared  from  ginger  and 
contains  in  each  one  hundred  (100)  cubic  centimeters,  the  alcohol- 
soluble  matters  from  not  less  than  twenty  (20)   grams  of  ginger. 

9.  Lemon  extract  is  the  flavoring  extract  prepared  from  oil  of  lemon, 
or  from  lemon  peel,  or  both,  and  contains  not  less  than  five  (5)  per 
cent  by  volume  of  oil  of  lemon. 

ga.  Oil  of  lemon  is  the  volatile  oil  obtained,  by  expression  or  alco- 
holic solution,  from  the  fresh  peel  of  the  lemon  {Citrus  limonum  L.), 
has  an  optical  rotation  (25°  C.)  of  not  less  than  +60°  in  a  loo-milli- 
meter  tube,  and  contains  not  less  than  four  (4)  per  cent  by  weight  of 
citral. 

10.  Terpeneless  extract  of  lemon  is  the  flavoring  extract  prepared  by 
shaking  oil  of  lemon  with  dilute  alcohol,  or  by  dissolving  terpeneless 
oil  of  lemon  in  dilute  alcohol,  and  contains  not  less  than  two-tenths 
(0.2)  per  cent  by  weight  of  citral  derived  from  oil  of  lemon. 

loa.  Terpeneless  oil  of  lemon  is  oil  of  lemon  from  which  all  or 
nearly  all  of  the  terpenes  have  been  removed. 

11.  Nutmeg  extract  is  the  flavoring  extract  prepared  from  oil  of 
nutmeg,  and  contains  not  less  than  two  (2)  per  cent  by  volume  of 
oil  of  nutmeg. 

no.  Oil  of  nutmeg  is  the  volatile  oil  obtained  from  nutmegs. 

12.  Orange  extract  is  the  flavoring  extract  prepared  from  oil  of  or- 
ange, or  from  orange  peel,  or  both,  and  contains  not  less  than  five  (s) 
per  cent  by  volume  of  oil  of  orange. 

120.  Oil  of  orange  is  the  volatile  oil  obtained,  by  expression  or  alco- 
holic solution,  from  the  fresh  peel  of  the  orange  (Citrus  anrantium  L.) 
and  has  an  optical  rotation  (25°  C.)  of  not  less  than  -1-95°  i"  a  100- 
millimeter  tube. 

13.  Terpeneless  extract  of  orange  is  the  flavoring  extract  prepared  by 
shaking  oil  of  orange  with  dilute  alcohol,  or  by  dissolving  terpeneless 
oil  of  orange  in  dilute  alcohol,  and  corresponds  in  flavoring  strengfth 
to  orange  extract. 

13a.  Terpeneless  oil  of  orange  is  oil  of  orange  from  which  all  or 
nearly  all  of  the  terpenes  have  been  removed. 

14.  Peppermint  extract  is  the  flavoring  extract  prepared  from  oil  of 
peppermint,  or  from  peppermint,  or  both,  and  contains  not  less  than 
three  (3)  per  cent  by  volume  of  oil  of  peppermint. 

14a.  Peppermint  is  the  leaves  and  flowering  tops  of  Mentha  piper- 
ita L. 

14&.  Oil  of  peppermint  is  the  volatile  oil  obtained  from  peppermint 
and  contains  not  less  than  fifty  (50)  per  cent  by  weight  of  menthol. 

15.  Rose  extract  is  the  flavoring  extract  prepared  from  otto  of  roses, 


Flavoring   Extracts.  153 

with  or  without  red  rose  petals,  and  contains  not  less  than  four-tenths 
(0.4)  per  cent  by  volume  of  otto  of  roses. 

15a.  Otto  of  roses  is  the  volatile  oil  obtained  from  the  petals  of  Rosa 
damasccna  Mill.,  R.,  centifolia,  L.,  or  R.  moschata  Herrm. 

16.  Savory  extract  is  the  flavoring  extract  prepared  from  oil  of 
savory,  or  from  savory,  or  both,  and  contains  not  less  than  thirty-five 
hundredths  (0.35)  per  cent  by  volume  of  oil  of  savory. 

160.  Oil  of  savory  is  the  volatile  oil  obtained  from  savory. 

17.  Spearmint  extract  is  the  flavoring  extract  prepared  from  oil  of 
spearmint,  or  from  spearmint,  or  both,  and  contains  not  less  than 
three  (3)  per  cent  by  volume  of  oil  of  spearmint. 

170.  Spearmint  is  the  leaves  and  flowering  tops  of  Mentha  spicata  L. 
17&.  Oil  of  spearmint  is  the  volatile  oil  obtained  from  spearmint. 

18.  Star  anise  extract  is  the  flavoring  extract  prepared  from  oil  of 
star  anise,  and  contains  not  less  than  three  (3)  per  cent  by  volume  of 
oil  of  star  anise. 

i&j.  Oil  of  star  anise  is  the  volatile  oil  distilled  from  the  fruit  of  the 
star  anise  (lUicium  verum  Hook). 

19.  Sweet  basil  extract  is  the  flavoring  extract  prepared  from  oil  of 
sweet  basil,  or  from  sweet  basil,  or  both,  and  contains  not  less  than 
one-tenth  (o.i)  per  cent  by  volume  of  oil  of  sweet  basil. 

190.  Sweet  basil,  basil,  is  the  leaves  and  tops  of  Ocymum  basilicum  L. 
19&.  Oil  of  sweet  basil  is  the  volatile  oil  obtained  from  basil. 

20.  Sweet  marjoram  extract,  marjoram  extract,  is  the  flavoring  ex- 
tract prepared  from  the  oil  of  marjoram,  or  from  marjoram,  or  both, 
and  contains  not  less  than  one  (i)  per  cent  by  volume  of  oil  of  mar- 
joram. 

20a.  Oil  of  marjoram  is  the  volatile  oil  obtained  from  marjoram. 

21.  Thyme  extract  is  the  flavoring  extract  prepared  from  oil  of  thyme, 
or  from  thyme,  or  both,  and  contains  not  less  than  two-tenths  (0.2) 
per  cent  by  volume  of  oil  of  thyme. 

210.  Oil  of  thyme  is  the  volatile  oil  obtained  from  thyme. 

22.  Tonka  extract  is  the  flavoring  extract  prepared  from  tonka  bean, 
with  or  without  sugar  or  glycerin,  and  contains  not  less  than  one-tenth 
(0.1)  per  cent  by  weight  of  coumarin  extracted  from  the  tonka  bean, 
together  with  a  corresponding  proportion  of  the  other  soluble  matters 
thereof. 

22a.  Tonka  bean  is  the  seed  of  Coumarouna  odorata  Aublet  (Dip- 
teryx  odorata   (Aubl.)   Willd.). 

23.  Vanilla  extract  is  the  flavoring  extract  prepared  from  vanilla 
bean,  with  or  without  sugar  or  glycerin,  and  contains  in  one  hundred 
(100)  cubic  centimeters  the  soluble  matters  from  not  less  than  ten 
(10)  grams  of  the  vanilla  bean. 

230.  Vanilla  bean  is  the  dried,  cured  fruit  of  Vanilla  planifolia  An- 
drews. 

24.  Wintergreen  extract  is  the  flavoring  extract  prepared  from  oil  of 
wintergreen,  and  contains  not  less  than  three  (3)  per  cent  by  volume 
of  oil  of  wintergreen. 

24a.  Oil  of  wintergreen  is  the  volatile  oil  distilled  from  the  leaves 
of  the  Gaultheria  procumbens  L. 

C.    EDIBLE   VEGETABLE   OILS    AND    FATS. 

I.  Olive  oil  is  the  oil  obtained  from  the  sound,  mature  fruit  of  the 
cultivated  olive  tree  {Olea  europoea  L.)  and  subjected  to  the  usual 
refining  processes ;  is  free  from  rancidity ;  has  a  refractive  index 
(25°  C.)  not  less  than  one  and  forty-six  hundred  and  sixty  ten-thou- 
sandths   (1.4660)    and   not  exceeding  one   and   forty-six   hundred   and 


154  Food  Standards. 

eighty  ten-thousandths    (1.4680)  ;   and  an   iodin  number  not  less  than 
seventy-nine    (79)    and  not  exceeding  ninety    (90). 

2.  Virgin  olive  oil  is  olive  oil  obtained  from  the  first  pressing  of 
carefully  selected,  hand-picked  olives. 

3.  Cotton-seed  oil  is  the  oil  obtained  from  the  seeds  of  cotton  plants 
(Gossypium  hirsutum  L.,  G.  barhadense  L.,  or  G.  herbaceiim  L.)  and 
subjected  to  the  usual  refining  processes;  is  free  from  rancidity;  has  a 
refractive  index  (25°  C.)  not  less  than  one  and  forty-seven  hundred 
ten-thousandths  (1.4700)  and  not  exceeding  one  and  forty-seven  hun- 
dred and  twenty-five  ten-thousandths  (1.4725)  ;  and  an  iodin  number 
not  less  than  one  hundred  and  four  (104)  and  not  exceeding  one  hun- 
dred and  ten  (no). 

4.  "Winter-yellow"  cotton-seed  oil  is  expressed  cotton-seed  oil  from 
which  a  portion  of  the  stearin  has  been  separated  by  chilling  and  pres- 
sure, and  has  an  iodin  number  not  less  than  one  hundred  and  ten  (no) 
and  not  exceeding  one  hundred  and  sixteen   (116). 

5.  Peanut  oil,  arachis  oil,  earthnut  oil,  is  the  oil  obtained  from  the 
peanut  {Arachis  hypogcea  L.)  and  subjected  to  the  usual  refining 
processes;  is  free  from  rancidity;  has  a  refractive  index  (25°  C.)  not 
less  than  one  and  forty-six  hundred  and  ninety  ten-thousandths 
(1.4690)  and  not  exceeding  one  and  forty-seven  hundred  and  seven 
ten-thousandths  (1.4707)  ;  and  an  iodin  number  not  less  than  eighty- 
seven  (87)  and  not  exceeding  one  hundred  (100). 

6.  "Cold-drawn"  peanut  oil  is  peanut  oil  obtained  by  pressure  with- 
out heating. 

7.  Sesame  oil,  gingili  oil,  feel  oil,  is  the  oil  obtained  from  the  seeds 
of  the  sesame  plants  (Sesamum  orientale  L.  and  5".  radiatum  Schum. 
and  Thonn.)  and  subjected  to  the  usual  refining  processes;  is  free  from 
rancidity;  has  a  refractive  index  (25°  C.)  not  less  than  one  and  forty- 
seven  hundred  and  four  ten-thousandths  (1.4704)  and  not  exceeding 
one  and  forty-seven  hundred  and  seventeen  ten-thousandths  (1.4717)  , 
and  an  iodin  number  not  less  than  one  hundred  and  three  (103)  and 
not  exceeding  one  hundred  and  twelve  (112). 

8.  "Cold-drawn"  sesame  oil  is  sesame  oil  obtained  by  pressure  with- 
out heating. 

9.  Poppy-seed  oil  is  the  oil  obtained  from  the  seed  of  the  poppy 
(Papavcr  somniferum  L.)  subjected  to  the  usual  refining  processes  and 
free  from  rancidity. 

10.  White  poppy-seed  oil,  or  "cold-drawn"  poppy-seed  oil  is  poppy- 
seed  oil  of  the  first  pressing  without  heating. 

11.  Coconut  oil  is  the  oil  obtained  from  the  kernels  of  the  coconut 
(Cocos  nucifera  L.)  and  subjected  to  the  usual  refining  processes  and 
free  from  rancidity. 

12.  Cochin  oil  is  coconut  oil  prepared  in  Cochin   (Malabar). 

13.  Ceylon  oil  is  coconut  oil  prepared  in  Ceylon. 

14.  Copra  oil  is  coconut  oil  prepared  from  copra,  the  dried  kernels 
of  the  coconut. 

15.  Rape-seed  oil,  colza  oil,  is  the  oil  obtained  from  the  seeds  of 
the  rape  plant  (Brassica  napus  L.)  and  subjected  to  the  usual  refining 
processes  and  free  from   rancidity. 

16.  "Cold-drazvn"  rape-seed  oil  is  rape-seed  oil  obtained  by  the  first 
pressing  without  heating. 

17.  Sunflower  oil  is  the  oil  obtained  from  the  seeds  of  the  sunflower 
(Helianthus  annuus  L.)  and  subjected  to  the  usual  refining  processes 
and  free  from  rancidity. 

18.  '  Cold-drawn"  sunfluzver  oil  is  sunflower  oil  obtained  by  the  first 
pressing  without  heating. 

19.  Maize  oil,  corn   oil,  is   the   oil   obtained    from   the   germ   of   the 


Tea,  Coffee  and  Cocoa.  155 

maize  (Zca  mays  L.)  and  subjected  to  the  usual  refining  processes  and 
free  from  rancidity. 

20.  Cocoa  butter,  cacao  butter,  is  the  fat  obtained  from  roasted, 
sound  cocoa  beans,  and  subjected  to  the  usual  refining  processes;  is 
free  from  rancidity;  has  a  refractive  index  (40°  C  ")  not  less  than  one 
and  forty-five  hundred  and  sixty-six  ten-thou.'^andths  (1.4566)  and  not 
exceeding  one  and  forty-five  hundred  and  ninety-eight  ten-thousandths 
(1.4598),  an  iodin  number  not  less  than  thirty-three  {33)  and  not  ex- 
ceeding thirty-eight  (38)  ;  and  a  melting  point  not  lower  than  30°  C. 
nor  higher  than  35°  C. 

21.  Cottonseed  oil  stearin  is  the  solid  product  made  by  chilling  cot- 
ton-seed oil  and  separating  the  solid  portion  by  filtration,  with  or  with- 
out pressure,  and  having  an  iodin  number  not  less  than  eighty-five  (85) 
and  not  more  than  one  hundred   (100). 

E.  Tea,  Coffee,  and  Cocoa  Products. 


I.  Tea  is  the  leaves  and  leaf  buds  of  different  species  of  Thca,  pre- 
pared by  the  usual  trade  processes  of  fermenting,  drying,  and  firing; 
meets  the  provisions  of  the  act  of  Congress  approved  March  2,  1897, 
and  the  regulations  made  in  conformity  therewith  (Treasury  Depart- 
ment Circular  16,  February  6,  1905)  ;  conforms  in  variety  and  place  of 
production  to  the  name  it  bears;  and  contains  not  less  than  four  (4) 
nor  more  than  seven  (7)  per  cent  of  ash. 

b.    COFFEE. 

1.  Coffee  is  the  seed  of  Coffea  arabica  L.  or  Coffea  liberica  Bull., 
freed  from  all  but  a  small  portion  of  its  spermoderm,  and  conforms  in 
variety  and  place  of  production  to  the  name  it  bears. 

2.  Roasted  coffee  is  cofifee  which  by  the  action  of  heat  has  become 
brow-n  and  developed  its  characteristic  aroma,  and  contains  not  less 
than  ten  (10)  per  cent  of  fat  and  not  less  than  three  (3)  per  cent  of 
ash. 

C.   COCOA    and    COCOA    PRODUCTS. 

1.  Cocoa  beans  are  the  seeds  of  the  cacao  tree,  Theobroma  cacao  L. 

2.  Cocoa  nibs,  cracked  cocoa,  is  the  roasted,  broken  cocoa  bean  freed 
from  its  shell  or  husk. 

3.  Chocolate,  plain  chocolate,  bitter  chocolate,  chocolate  liquor,  bitter 
chocolate  coatings,  is  the  solid  or  plastic  mass  obtained  by  grinding 
cocoa  nibs  without  the  removal  of  fat  or  other  constituents  except  the 
germ,  and  contains  not  more  than  three  (3)  per  cent  of  ash  insoluble 
in  water,  three  and  fifty-hundredths  (3.50)  per  cent  of  crude  fiber,  and 
nine  (9)  per  cent  of  starch,  and  not  less  than  forty-five  (45)  per  cent 
of  cocoa  fat. 

4.  Sweet  chocolate,  szveet  chocolate  coatings,  is  chocolate  mixed  with 
sugar  (sucrose),  with  or  without  the  addition  of  cocoa  butter,  spices,  or 
other  flavoring  materials,  and  contains  in  the  sugar-and  fat-free  residue 
no  higher  percentage  of  either  ash,  fiber,  or  starch  than  is  found  in  the 
sugar-  and  fat-free  residue  of  chocolate. 

5.  Cocoa,  powdered  cocoa,  is  cocoa  nibs,  with  or  without  the  germ, 
deprived  of  a  portion  of  its  fat  and  finely  pulverized,  and  contains  per- 
centages of  ash,  crude  fiber,  and  starch  corresponding  to  those  in 
chocolate  after  correction  for  fat  removed. 


156 


Food  Standards. 


6.  Sweet  cocoa,  szveetened  cocoa,  is  cocoa  mixed  with  sugar  (su- 
crose), and  contains  not  more  than  sixty  (60)  per  cent  of  sugar 
(sucrose),  and  in  the  sugar- and  fat-free  residue  no  higher  percentage 
of  either  ash,  crude  fiber,  or  starch  than  is  found  in  the  sugar-  and 
fat-free  residue  of  chocolate. 

F.  Beverages. 

a.    FRUIT    JUICES — FRESH,    SWEET,    AND    FERMENTED. 
I.   FRESH    AND    2.    SWEET. 

(Schedules  in  preparatictfi.) 

3.   FERMENTED    FRUIT    JUICES. 

1.  Wine  is  the  product  made  by  the  normal  alcoholic  fermentation  of 
the  juice  of  sound,  ripe  grapes,  and  the  usual  cellar  treatment,  and  con- 
tains not  less  than  seven  (7)  nor  more  than  sixteen  (16)  per  cent  of 
alcohol,  by  volume,  and,  in  one  hundred  (lOo)  cubic  centimeters  (20° 
0,  not  more  than  one-tenth  (o.i)  gram  of  sodium  chlorid  nor  more 
than  two-tenths  (0.2)  gram  of  potassium  sulphate;  and  for  red  wine 
not  more  than  fourteen  hundredths  (0.14)  gram,  and  for  white  wine 
not  more  than  twelve  hundredths  (0.12)  gram  of  volatile  acids  pro- 
duced by  fermentation  and  calculated  as  acetic  acid.  Red  wine  is  wine 
containing  the  red  coloring  matter  of  the  skins  of  grapes.  White  wine 
is  wine  made  from  white  grapes  or  the  expressed  fresh  juice  of  other 
grapes. 

2.  Dry  wine  is  wine  in  which  the  fermentation  of  the  sugars  is  prac- 
tically complete  and  which  contains,  in  one  hundred  (100)  cubic  centi- 
meters (20°  C),  less  than  one  (i)  gram  of  sugars  and  for  dry  red 
wine  not  less  than  sixteen  hundredths  (0.16)  gram  of  grape  ash  and 
not  less  than  one  and  six-tenths  (1.6)  grams  of  sugar-free  grape 
solids,  and  for  dry  white  wine  not  less  than  thirteen  hundredths  (0.13) 
gram  of  grape  ash  and  not  less  than  one  and  four-tenths  (1.4)  grams 
of  sugar-free  grape  solids. 

3.  Fortified  dry  zvi)ie  is  dry  wine  to  which  brandy  has  been  added 
but  which  conforms  in  all  other  particulars  to  the  standard  of  dry  wine. 

4.  Sweet  unne  is  wine  in  which  the  alcoholic  fermentation  has  been 
arrested,  and  which  contains,  in  one  hundred  (loo)  cubic  centimeters 
(20°  C),  not  less  than  one  (i)  gram  of  sugars,  and  for  sweet  red  wine 
not  less  than  si.xteen  hundredths  (0.16)  gram  of  grape  ash,  and  for 
sweet  white  wine  not  less  than  thirteen  hundredths  (0.13)  gram  of 
grape  ash. 

5.  Fortified  szveet  wine  is  sweet  wine  to  which  wine  spirits  have  been 
added.  By  act  of  Congress,  "sweet  wine"  used  for  making  fortified 
sweet  wine  and  "wine  spirits"  used  for  such  fortification  are  defined  as 
follows  (sec.  43,  Act  of  October  i,  1890,  26  Stat.,  567,  as  amended  by 
section  68,  Act  of  August  27,  1894,  28  Stat.,  509,  and  further  amended 
by  Act  of  Congress  approved  June  7,  1906)  :  "That  the  wine  spirits 
mentioned  in  section  42  of  this  act  is  the  product  resulting  from  the 
distillation  of  fermented  grape  juice  to  which  water  may  have  been 
added  prior  to,  during,  or  after  fermentation,  for  the  sole  purpose  of 
facilitating  the  fermentation  and  economical  distillation  thereof,  and 
shall  be  held  to  include  the  products  from  grapes  or  their  residues,  com- 
monly known  as  grape  brandy ;  and  the  pure  sweet  wine,  which  may 
be  fortified  free  of  tax,  as  provided  in  said  section,  is  fermented  grape 
juice  only,  and  shall  contain  no  other  substance  whatever  introduced 
before,  at  the  time  of,  or  after  fermentation,  except  as  herein  expressly 


Beverages.  157 

provided ;  and  such  sweet  wine  shall  contain  not  less  than  four  per 
centum  of  saccharine  matter,  which  saccharine  strength  may  be  deter- 
mined by  testing  with  Balling's  saccharometer  or  must  scale,  such  sweet 
wine,  after  the  evaporation  of  the  spirits  contained  therein,  and  restor- 
ing the  sample  tested  to  original  volume  by  addition  of  water :  Provided, 
That  the  addition  of  pure  boiled  or  condensed  grape  must  or  pure 
crystallized  cane  or  beet  sugar  or  pure  anhydrous  sugar  to  the  pure 
grape  juice  aforesaid,  or  the  fermented  product  of  such  grape  juice 
prior  to  the  fortification  provided  by  this  Act  for  the  sole  purpose  of 
perfecting  sweet  wine  according  to  commercial  standard,  or  the  addi- 
tion of  water  in  such  quantities  only  as  may  be  necessary  in  the  me- 
chanical operation  of  grape  conveyers,  crushers,  and  pipes  leading  to 
fermenting  tanks,  shall  not  be  excluded  by  the  definition  of  pure  sweet 
wine  aforesaid :  Provided,  however.  That  the  cane  or  beet  sugar,  or 
pure  anhydrous  sugar,  or  water,  so  used  shall  not  in  either  case  be  in 
excess  of  ten  (lo)  per  centum  of  the  weight  of  the  wine  to  be  fortified 
under  this  Act:  And  provided  further,  That  the  addition  of  water 
herein  authorized  shall  be  under  such  regulations  and  limitations  as  the 
Commissioner  of  Internal  Revenue,  with  the  approval  of  the  Secretary 
of  the  Treasury,  may  from  time  to  time  prescribe ;  but  in  no  case  shall 
such  wines  to  which  water  has  been  added  be  eligible  for  fortification 
under  the  provisions  of  this  Act  where  the  same,  after  fermentation  and 
before  fortification,  have  an  alcoholic  strength  of  less  than  five  per 
centum  of  their  volume." 

6.  SparkU)ig  wine  is  wine  in  v.-hich  the  after  part  of  the  fermentation 
is  completed  in  the  bottle,  the  sediment  being  disgorged  and  its  place 
supplied  by  wine  or  sugar  liquor,  and  which  contains,  in  one  hundred 
(100)  cubic  centimeters  (20°  C),  not  less  than  twelve  hundredths 
(0.12)  gram  of  grape  ash. 

7.  Modified  zvine,  ameliorated  wine,  corrected  zvine,  is  the  product 
made  by  the  alcoholic  fermentation,  with  the  usual  cellar  treatment,  of 
a  mi.xture  of  the  juice  of  sound,  ripe  grapes  with  sugar  (sucrose),  or  a 
sirup  containing  not  less  than  sixty-five  (65)  per  cent  of  sugar  (su- 
crose), and  in  quantity  not  more  than  enough  to  raise  the  alcoholic 
strength  after  fermentation,  to  eleven    (11)    per  cent  by  volume. 

8.  Raisin  wine  is  the  product  made  by  the  alcoholic  fermentation  of 
an  infusion  of  dried  or  evaporated  grapes,  or  of  a  mixture  of  such 
infusion  or  of  raisins  with  grape  juice. 

•     b.    MEAD,    ROOT    BEER,    ETC. 

(Schedule  in  preparation.) 

C.    MALT    LIQUORS. 

(Schedule  in  preparation.) 

d.    SPIRITUOUS   LIQUORS. 

(Schedule  in  preparation.) 

e.    CARBONATED    WATERS,    ETC. 

(Schedule  in  preparation.) 

G.  Vinegar. 

I.  Vinegar,  cider  vinegar,  apple  vinegar,  is  the  product  made  by  the 
alcoholic  and  subsequent  acetous  fermentations  of  the  juice  of  apples, 
is  laevo-rotatory,  and  contains  not  less  than  four  (4)  grams  of  acetic 
acid,  not  less  than  one  and  six-tenths   (1.6)   grams  of  apple  solids,  of 


158 


Food  Standards. 


which  not  more  than  fifty  (50)  per  cent  are  reducing  sugars,  and  not 
less  than  twenty-five  hundredths  (0.25)  gram  of  apple  ash  in  one  hun- 
dred (100)  cubic  centimeters  (20°  C.)  !  and  the  water-soluble  ash  from 
one  hundred  (100)  cubic  centimeters  (20°  C.)  of  the  vinegar  contains 
not  less  than  ten  (10)  milligrams  of  phosphoric  acid  (P2O5),  and  re- 
quires not  less  than  thirty  (30)  cubic  centimeters  of  decinormal  acid  to 
neutralize  its  alkalinity. 

2.  Wine  vinegar,  grape  vinegar,  is  the  product  made  by  the  alcoholic 
and  subsequent  acetous  fermentations  of  the  juice  of  grapes  and  con- 
tains, in  one  hundred  (100)  cubic  centimeters  (20°  C),  not  less  than 
four  (4)  grams  of  acetic  acid,  not  less  than  one  (i.o)  gram  of  grape 
solids,  and  not  less  than  thirteen  hundredths  (0.13)  gram  of  grape  ash. 

3.  Malt  vinegar  is  the  product  made  by  the  alcoholic  and  subsequent 
acetous  fermentations,  without  distillation,  of  an  infusion  of  barley 
malt  or  cereals  whose  starch  has  been  converted  by  malt,  is  dextro- 
rotatory, and  contains,  in  one  hundred  (100)  cubic  centimeters  (20° 
0,  not  less  than  four  (4)  grams  of  acetic  acid,  not  less  than  two  (2) 
grams  of  solids,  and  not  less  than  two-tenths  (0.2)  gram  of  ash;  and 
the  water-soluble  ash  from  one  hundred  (100)  cubic  centimeters  (20° 
C.)  of  the  vinegar  contains  not  less  than  nine  (9)  milligrams  of  phos- 
phoric acid  (P2O5),  and  requires  not  less  than  four  (4)  cubic  centi- 
meters of  decinormal  acid  to  neutralize  its  alkalinity. 

4.  Sugar  vinegar  is  the  product  made  by  the  alcoholic  and  subsequent 
acetous  fermentations  of  solutions  of  sugar,  sirup,  molasses,  or  refiners' 
sirup,  and  contains,  in  one  hundred  (100)  cubic  centimeters  (20°  C), 
not  less  than  four  (4)  grams  of  acetic  acid. 

5.  Glucose  vinegar  is  the  product  made  by  the  alcoholic  and  subse- 
quent acetous  fermentations  of  solutions  of  starch  sugar  or  glucose,  is 
dextro-rotatory,  and  contains,  in  one  hundred  (100)  cubic  centimeters 
(20°  C),  not  less  than  four  (4)  grams  of  acetic  acid. 

6.  Spirit  vinegar,  distilled  vinegar,  grain  vinegar,  is  the  product  made 
by  the  acetous  fermentation  of  dilute  distilled  alcohol,  and  contains,  in 
one  hundred  (100)  cubic  centimeters  (20°  C),  not  less  than  four  (4) 
grams  of  acetic  acid. 

///.     SALT. 

I.  Table  salt,  dairy  salt,  is  fine-grained  crystalline  salt  containing  on 
a  water-free  basis,  not  more  than  one  and  four-tenths  (1.4)  per  cent 
of  calcium  sulphate  (CaS04),  nor  more  than  five-tenths  (0.5)  per  cent 
of  calcium  and  magnesium  chlorids  (CaCl:  and  MgCU),  nor  more  than 
•one-tenth   (o.i)  per  cent  of  matters  insoluble  in  water. 

IV.    PRESERVATIVES  AND  COLORING  MATTERS. 

(Schedules  in  preparation.) 


INDEX. 

{References  are  to  Pages.) 

Abstraction  of  Valuable  Constituent 26,  77 

Act  of  August   14,   1876 39 

Act  of  August  2,  1886  27 

Act  of  August  8,  1890  5 

Act  of  June  6,    1896    27 

Act  of  March  2,  1897  11 

Act  of  March  3,  1897  26 

Act  of  May  9,   1902   5,  6 

Act  of  July  i,  1902  39 

Act  of  i<  eeruary  20,  1905  t,6 

Added  Poisonous  or  Deleterious  Ingredient 28,  77,  88 

Added  Substance  Must  be  Named 95 

Admixture  of  Inferior  Ingredients  21,  24,  25,  77,  88 

Adulteration — 

Abstraction  of  Valuable  Constituent   26,  77 

Admixture  of  Inferior  Ingredient   21,  24,  25    77,  88 

Common  Form  of   24 

Concealment  of  Damage  or  Inferiority   27,  77 

In   General 21 

Must  be  Determined  by  Analysis  of  Specimen, 

6,  7,  25,  28,  33,  50 
Adulterated  Butter  (See  Renovated  Butter). 
Adulterated  Food  or  Drugs. 

Not  Probibited  if  Properly  IMarked 21 

"Agent"    42 

Agent's  Name  42 

Agreement  for  Suppression  of  False  Indications  of  Origin        45 

Alcohol    50,  51,  78,  96 

In   Drugs    56,  78,  96,  119 

How  Named  96,  119 

Quantity  or  Proportion,  how  stated 51,  98 

In   Food    50,  56,  c;7 

Need  not  be  Stated 56,  116 

Wood   51 

Aniline    Colors    27,  30,  34 

If  used  Must  be  Named   31 

Analysis    6,  15,  17,  74,  75,  84 

Of  Finished  Product  Only 6,  26,  28,  33,  50 

Arbitrary  or  Fanciful  Name  54.  93 

"Artificial"    113 

Artificial  Color  or  Flavor 40,  68,  113 

Must  be  Stated  40,  68, 

Articles  to  Which  the  Act  Applies 19,  2a 

Drugs    19 

Foods   20 

Used  for  Technical  Purposes   19,  123 

Without    Labels    46,  94 

Association  of  Official  Agricultural  Chemists   23 

Baking  Powder  24,  71 

Baltimore  Oysters   44 

Barytes,  in  Confectionery  34.  77 

Bay  Rum   I9' 

Beine,  in  re ^ 


1 62  Index. 

{References  are  to  Pages.) 

Benzoate  of  Soda  30 

Benzoic  Acid   31 

Beverages  20,  156 

BiSULPHATES    IN    GlUCOSE   OR    GeLATIN    34 

Bleachers  in  Confectionery  '34 

Blend  25,  27,  60,  61,  79,  93,  106,  no 

Marking    106,  129 

Blended   Whiskey    61,  no,  129 

Boric  Acid  31 

Burgundy    44 

Butter    24,  27,  44,  115,  144 

Coloring  of   27,  115 

Butterine  (See  Oleomargarine). 

Candy    33,  34,  14S 

Cannabis  Indica   52,  121 

Canned  Corn  44 

Canned   Fruits   44,  147 

Canned   Goods    4 

Labels  on 47,  7° 

Canned  Vegetables   I47 

Castor  Oil    19 

Catsup 3°,  i47 

Benzoate  of  Soda  in  30 

Cayenne  and  Red  Pepper  149 

"Cereal   Coffee"    59,  115 

Champagne    44,  45,  ^3^ 

''Champagne  Style"   45 

Cheese  26,  27,  115.  144 

Filled  2,   5,  39 

Chemical  Formula  53,  120 

Chemical   Name    53,  120 

Chemical  Reagents,  Marking   123 

Chewing  Gum  20,  34 

Chocolate    54,  IS5 

Chrome  Yellow  in  Confectionery 34,  77,  148 

Circular  No.   19   23,  141 

"Coated"    27,  28,  77,  88 

Cocoa  24,  69,  155 

Coffee    20,  24,  25,  41,  44,  45.  54,  59,  115,  155 

"Cereal"    59,  II5 

Imitation 54,  115 

Picture  on  Package  41 

Cognac    44 

Cold  Cream  19 

Collective  Marks   44 

Collection  of  Samples  (See  Samples,  Collection  of). 

Color  10,  30,  77,  88 

Aniline    27,  30 

If  Used  Must  be  Named  31,  69 

Artificial   69,  113 

Chrome  Yellow  34,  77,  148 

Coal  Tar   27,  77,  148 

Effect  of  rulings  on  30,  32 

Harmless     : 27,  34,  88 

Mineral    24,  87,  148 

Natural    40 

Of   Butter    27,  115 

Of  Cheese   27,  115 


Index.  163 


COLOR- 


(Referciiccs  arc  to  Pages.) 


Of  Milk  27 

Of  Tea    II 

Poisonous    29 

To  Conceal  Damage  or  Inferiority  27,  77 

Vegetable    27,  34 

Wholesomeness  of,  How  Determined  29,  89 

"Colored"    27,  77,  88 

Color  or  Flavor 

Not  to  be  Used  to  Imitate  60,  88 

Vegetable    34 

Commerce  Within  a  State  3 

Compound   or   Mixture    25,  27,  57,  58,  59,  60,  61,  106 

Under  Distinctive   Name 57,  58 

Must  Bear  Name  of  Place  of  Manufacture 58,  106 

Not  Under  Distinctive  Name .         59 

]\Iust  be  Marked  "Compound"  or  "Mixture"....         59 

Ingredients  Must  be  Named  94,  106 

Whiskey   61,  129 

Compound,  Drug 61,  127 

Condemnation    11 

Condiments    20,  76,  149 

Confectionery 20,  24,  32,  77,  §7 

Constituent,  Abstraction  of   26,  77 

"Corn  Cures"   19 

Correction  of  Labels  on  Hand 8 

Courts,  Proceedings  in  17 

Cranberries    29,  44 

"Cure"  41 

Dairy  and  Food  Products  Falsely  Labeled 39 

Damage  or  Inferiority,  Concealment  of 27,  59,  77 

Dealer,  Liability  of  3 

Deceptive  Label  or  Brand  78 

Decisions  by  Secretary  of  Agriculture. 

Effect  of    30,  32 

Scope  and  purpose   109,  1 14 

Decomposed   Substance   5,  33,  77 

Delaware  Grapes  45 

Delaware   Peaches    44 

Deleterious   Ingredient    34,  77 

Delivery  to  Another 3,  73 

Dentifrice   it* 

Derivatives  of  Substances  Required  to  be  Named 50,  96 

How    Stated    50,  120 

Design  or  Device   40,  42,  78,  91 

False  or  Misleading 40 

Trademark    42 

Diluents  Not  Prohibited  26 

Diseased  Animal,  Product  of  33,  77 

Disinfectants   19 

Distinctive  Name   25,  54.  59,  78,  79,  93 

Of  Mixtures  or  Compounds  95 

District   Attorney    17,  75 

District  of  Columbia  2 

Application  of  Act  in 2 

Collection  of  Samples  in   14 

Dairy  and  Food  Products  Imported  Into  39 

Inspection  of  Materials  in   7 

Manufacture  of  Food  or  Drugs  in 2,  7,  69 


164  Index. 

{References  are  to  Pages.) 

District  of  Columbia — 

Phj'sicians'  Prescriptions  in  7i  ^2>,  50 

Refilling  Packages  in  49)  S6 

Retailer   in    7 

Selling  or  Offering  for  Sale  in 7 

Stock  on  Hand   8 

Supplemental  Labels   8 

"Distributed   by"    42>  7o 

Distributor's   Name    42 

Dried  Fruits 30,  146 

Sulphurous  Acid   in    30 

Drink    20 

Drinking   Water    20 

"Drug"   19,  49>  76 

Drugs — 

Compound    61,  127 

Differing  From  Standards   22,  76 

Formula    53>  1 18 

Imitation     48 

Imported    10 

Labels   on    47 

Must  State  Substances  Required  to  be  Named.. 49,  119 

Name    52,  53.  92,  119,  120 

Standards  21,  86 

Trade  Designation — Used  for  Technical  Purposes   123 

Edible  Vegetable  Oils  or  Fats  IS3 

Effect  of  Act   12 

Effect  of  Rulings  of  Secretary  of  Agriculture 30 

Elgin  Butter  44 

Eliminated    Substances    25,  50,  88 

Need  Not  be  Stated  50 

Epsom  Salts   46,  48 

Examination  (See  Analysis). 

Exports    9,  72,  99 

Preservatives  in   9 

Extracts    20,  24.  50,  113,  152 

Externally  Applied  Preservatives   28,  31,  77,  89 

Face   Powder    19 

Factories,  Inspection  of   6,  86 

False  Indications  of  Origin  37,  39,  43 

Dairy  or  Food  Products,  Domestic 39 

Foreign  Name  54>  55.  93 

Geographical   Name    45.  93 

False  Name  38 

False  or  Misleading  Design  or  Device  40,  78" 

False  or  Misleading  Statement 40,  41,  63.  66,  78,  79,  91 

"Cure"    41 

False  Trade  Description   2>7,  38 

Fictitious  Name   38,  43,  1 1 1 

Filled  Cheese 2,  5,  39 

Filthy  Sub.stance  5,  3?>y  37 

Finished  Product — Analysis  6,  7,  26,  28,  2>3,  5o 

Fish   20 

Flavor    34.  35.  93 

Must  Not  be  Used  to  Imitate 60,  94 

Poisonous    34 

Flavoring  Extracts  20,  24,  50,  113,  151 

Flour   54,  60,  145 . 


Index. 


165 


{References  are  to  Pages.) 

Food    20 

Name    46,  76,  92 

Standards  23,  33 

Bulletin    33 

Food  and  Drugs  Act,  June  30,  1906. 

Sec.   I    2,  73 

Sec.  2  3,  8,  72 

Sec.  3    29,  74 

Sec.  4   15,  16,  17,  62,  75 

Sec.  s    16,  62,  75 

Sec.  7  22,  24,  25,  26,  27,  28,  31,  32,  33,  59,  76 

1st  under  Drugs  22,  76 

2d  under  Drugs   22,  76 

Confectionery    33,  77 

1st    under  Food 24,  25,  59,  77 

2d     under  Food 24,  25,  77 

3d     under  Food 26,  77 

4th   under  Food 27,  28,  59,  77 

5th   under  Food 28,  31,  77 

6th   under  Food 32,  72 

c^^    o  j  25,  26,  28,  35,  36,  40,  41,  45,  46,  48,  49 

^^''-  ^ I        50,  54,  55,  56,  57,  58,  59,  61,  66,  78 

1st  paragraph   40,  41,  45,  78 

1st  under  Drugs 48,  58,  78 

2d    under  Drugs 49,  50,  78 

1st  under  Food 54,  55,  56,  58,  78 

2d    under  Food 56,  57,  78 

3d    under  Food 57,  79 

4th  under  Food 57,  79 

1st   proviso 57,  79 

2d     proviso 58,  59,  60,  61,  79,  129 

Further  proviso   61,  79 

Sec.     9   14,  15,  64,  66,  80 

Sec.  10    II,  12,  80 

Sec.  II    10,  81 

Sec.  12    2,  82 

Sec.  13   82 

Title     I,  83 

Food  Inspection  Decisions- 


40 
41 
42 
43 
44 
45 
46 

47 
48. 

49 
50. 
SI 
52 
53 
54 

55 
56. 


Filing   Guaranty    66,  105 

Approval  of  Labels  105 

Mixing  Flours    106 

Relabeling  of  Goods  on  Hand  107 

Scope  and  Purpose  of  Food  Inspection  Decisions.  ..  109 

Blended   Whiskies    1 10,  129 

Fictitious  Firm  Names   ill 

Flavoring  E.xtracts   113 

Substances  Used  in  the  Preparation  of  Foods 114 

Time  Required  to  Reach  Decisions  114 

Imitation   Coffee    59,  i  ^5 

Coloring  of  Butter  and  Cheese 115 

Form  of   Label    47,  52,  116 

Formula  on  the  Label  of  Drugs 118 

Declaration   of   Quantity  or   Proportion   of   Alcohol 

Present  in  Drug  Products   119 

Method  of  Stating  Quantity  or  Proportion 120 

Names  to  be  Employed  in  Declaring  Amoinit  of  the 

Ingredient  Required  by  Law 120 


1 66  Index. 

{References  are  to  Pages.) 

Food  Inspection  Decisions — 

57.  Physicians'   Prescriptions    122 

58.  The  Labeling  of  Products  Used  as  Food  and  Drugs 

as  Well  as  for  Technical  and  Other  Purposes....  123 

59.  National    Formulary   Appendix    124 

60.  Minor  Border  Importations  125 

61.  Cocoa  Butter  Substitute  125 

62.  Guaranty  on  Imported  Products 126 

63.  Use  of  the  Word  "Compound"  in  Names  of  Drug 

Products   127 

64.  Labeling  of  Sardines   128 

65.  The  Labeling  of  Whiskey,  Blends  and  Compounds 

Thereof    129 

Foods  Particularly  Referred  to — 

Baking    Powder 24 

Beverages    20 

Burgundy    44 

Butter     .' 24,  27,  44,  IIS,  I44 

Butterine  (See  Oleomargarine). 

Canned  Corn   . 44 

Canned   Fruits    44,  147 

Candy    34,  148 

Catsup    30,  147 

Cham^pagne    44>  45 

Cheese    26,  27,  115 

Filled    2,  5,  39 

Chewing  Gum   20,  34 

Chocolate    54>  I54 

Cocoa    24,  69,  155 

Coffee     20,  24,  25,  41,  44,  54,  59,  115,  155 

Coffee,    Cereal    59,  115 

Cognac    44. 

Confectionery     2C,  24,  23>  77>  87 

Cranberries    29,  44 

Dried   Fruits    30,  146 

Drinking  Water    20,  33 

Extracts    20,  24.  50,  113,  152 

l^lavoring   Extracts    20,  24,  50,  113,  152 

Fish    20 

t  lour    54,  60,  145 

For  Animals,   etc 20 

Gelatin    34,  1 14 

Glucose    31,  34,  148 

Grain    20,  145 

Hay 20 

Honey    24,  41,  149 

Ice   Cream    23,  34,  145 

Imitation    25 

Imported    9,  20,  40 

Jams    24,  146 

Jellies    24,  146 

Liquors    2,  20,  39,  61,  129 

Maple    Syrup    41.  44,  54,  148 

Meats  and  Meat  Products  9.  10,  20,  99 

Milk    20.   26,  27,  3S,    143 

Mineral   Waters    20,  33 

Mixed  Flour  39,  to6 

Molasses    24,  147 

Moselle    -4 


Index.  167 

{References  are  to  Pages.) 

Foods  Particularly  Referred  to — 

■JMustard    59,  150 

Oleomargarine    2,  5,  39 

Olive   Oil    24,  54,  153 

Oranges    44 

Peaches    29,  44 

Port    44 

Preserves    24,  146 

Proprietary    25,  61,  62,  79,  86,  95 

Renovated  Butter   2,  5,  6,  39 

Rice    31 

Rye  and  Wheat  Flour  60,  106 

Salt    20,  30,  40,  158 

Sardines    128 

Sea  Food    20 

Spices    20,  24,  25,  30,  40,  149 

Sugar   20,  30,  40,  41,  147 

Syrup   8,  10,  30,  41,  148 

Tea    10,  20,  155 

Tokay    44,  4S 

Vanilla  Extract 54,  113,  153 

Vinegar    24,  30,  40,  157 

Whiskey    26,  44,  54,  61,  62,  no,  129 

Wines    20,  129 

Foreign  Label  S6,  91 

Foreign   Name   54,  55,  93 

Formaldehyde    31 

Form  of  Label 47 

Formula — 

Drugs    53,  118 

Not   Required    53 

If  Given  Must  be  Correctly  Stated  54 

Proprietary   Foods    61,  62,  79,  87 

Fruit  and  Fruit  Products 146 

Fruit   Juices    156 

Gelatin  34,  114 

Geographical   Name    45,  92,  93 

Type    45,  93 

Glucose    31,  34,  148 

Glycogen    31 

Grain  20,  145 

Guaranty   6;^,  80,  87,  105 

Applies  to  Unbroken   Packages   Only    65 

Branding  Not  Guaranty   94 

Effect   of    63,  80,  87,  105 

Filing   63,  87,  105 

Form   of    63,  64,  87 

Marking  Goods  Under   63,  105 

Not  Government  Guaranty  66 

Not  Protection  against  Prosecution 63,   105 

Not  to  be  Given  by  Foreigner  66 

Signature   to    64,  80 

Guckenheimer  v.   Sellers   4 

Hair  Tonic    19,  52 

Harmon,   in   re   4 

Hay    20 

Hearing  Before  Secretary  of  Agriculture  16,  75,  85 

Importance  of  16 

Honey    24,  41,  149 

Picture  on  Package  41 


1 68  Index. 

{References  are  to  Pages.) 

Ice  Cream    23,  34,  145 

Imitation    25,  46,  48,  54,  55,  60,  61,  94,  113,  115,  129 

Butter   (See  Renovated  Butter). 
Cheese  (See  Filled  Cheese). 

Drugs   48,  78 

Foods    25,  54,  58,  78 

INIust  be   Plainly  Marked    58 

Permissible   58 

Whiskey   61,  129 

Imported  Foods  and  Drugs  9,  20,  40,  66,  67,  81,  99,  125 

Appeal  to  Secretary  of  Agriculture  102 

Bond  Required    loi 

Declaration    il,  lOO 

Denaturing    Id 

Guaranty  Does  Not  Apply  to 67 

Marking 40 

Meats  and  Meat  Products   9,  10,  20 

Notification  to  Importer   loi 

Samples  of  9,  10,  81 

Shipment   102 

Tea   10,  20,  145 

"Importer"   4^ 

Importer's  Name  42 

Indian  River  Oranges  44 

Indications  of  Origin  43,  44 

Individual   Package    4 

Inert  Suj^stances   25 

Inferiority,   Concealment  of    27,  77 

Inspection    of    Materials    5,  7,  87,  90 

In  District  of  Columbia    7 

In   Territories    7 

Under  Meat  Inspection  Law  6 

Insular  Possessions    i,  82 

Introduction  Into  a  State  2,  7?< 

Jams    24,  146 

Java    44,  45 

Jellies    24,  146 

Jobber's   Name    42 

Jobbers,  Guaranty  by  64 

Kentucky  Whiskey   44 

Labels   46,  70,  78,  90,  105,  107,  1 16,  123,  128 

Correction  of 8 

Form  of  52,  70,  90,  Ii6 

General  Requirements  46 

In  Foreigti  Language   56 

Not  Required 46 

Of  Whiskeys   129 

Omission  of  46 

On  Canned  Goods   47 

On  Drugs   47 

On  Hand,  Correction  of   8 

On   Products  Also  Used  for  Technical  Purposes 123 

On  Sardines  128 

Supplemental    8,  53 

Will  Not  be  Approved  by  Secretary  of  Agriculture 105 

*'LiKE  Substances"  61,  93,  106,  no,  129 

Liniments    19,  52 

Liquid  Dentifrices  19 


Index.  169 

{References  are  to  Pages.) 

Liquors  2,  20,  39,  61,  129 

In   Confectionery    34,  77,  148 

Bottled  4 

Local   Products    44 

Locality  of  Origin  37,  41,  78 

Need  Not  be  Stated    41,  43,  44,  47 

If  Stated  Must  be  Correctly  Stated  44,  47 

Magnesium  Sulphate  46,  48 

Maine  Canned  Corn  44 

ISIanufacture  of  Foods  or  Drugs  2 

In   District  of  Columbia   2,  7,  69 

In  States   2,  5 

In  Territories    2,  7,  69 

In  Two  or  More  Places  46,  92 

Manufacturer's   Name    31,41 

Need  Not  be  Stated  41 

If  Stated  Must  be  Correctly  Stated   41 

Maple  Syrup  41,  44-  54,  148 

Marking  Goods  Under  Guaranty  63 

Massage  Cream    19 

Materials — 

Inspection  of 5,  7,  87,  90 

Of  Which  Composed   37 

Raw    33,  37,  QO 

Meat  and  Meat  Food  Products  9,  10,  20,  99,  102 

Imported    9,  10,  20,  99,  102 

Meat  Inspection   Law   6,  30 

Preservatives  Permitted  by   30 

Medicinal    Soap    19 

Merchandise  Marks  Act   24,  37 

Defenses  Under   39 

Milk  20,  24,  26,  27,  33,  143 

Coloring    27 

Mineral  Colors  32 

Mineral  Substances — 

In   Confectionery    77,  87,  148 

In  Food  .' 25,  34,  57 

Mineral  Water   20,  33 

Misbranding  21,  36,  78,  90 

Drugs  48 

Foods   S3 

Prior  United  States  Statutes  Regarding 39 

Unintentional   39 

"Mixed"    27,  77 

Mixed   Flour    39,  60,  106 

Marking 39 

Mixing    27 

Mixtures  or  Compounds  ...25,  27,  57,  58,  59,  60,  61,  62,  79,  106,  129 

Marking    58,  106 

Mustard    59,  150 

Not  Under  Distinctive  Names  59,  78 

Rye  and  Wheat  Flour  60,  106 

Under  Distinctive  Names   44.  57,  79 

Mocha  44 

Molasses    24,  147 

Morphine  in  Food  57 

Moselle    44 

Mustard    59.  150 


I/O  Index. 

(^References  are  to  Pages.) 

Name — 

Arbitrary  or  Fanciful  54 

Chemical  Name 53 

Distinctive 25,  54,  59,  78,  79,  93 

Drugs  Recognized  in  Pharmacopoeia  or  Formulary.  .46,  48,  91 

Common  Name  May  be  Used  46,  48,  120 

Fictitious    43,  III 

Foreign    54,  55,  93 

Geographical    45,  93 

Type 45,  93 

Of  Article  Need  Not  be  Stated  46 

If  Stated  Must  be  True  Name 46 

Of  Food  Product 46,  93 

Of  Locality  of  Origin   42,  58 

Of  Manufacturer  Need  Not  be  Stated  41,  42,  47 

If  Stated  Must  be  True  Name  41,  42,  47,  90,  92 

Of  Substances  Required  to  be  Named 52,  53,  120 

Narcotic  Drug — 

In   Confectionery    34,  35,  77,  88,  148 

National  Formulary 22,  23,  46,  47,  48,  76,  124 

Natural  Color   40 

Naturally  Poisonous  or  Deleterious  Ingredient 29,  88 

N  ew  York  Canned  Fruits  44 

Ointments    19 

Oleomargarine    2,  5,  39 

Olive  Oil   24,  54,  153 

Omission ,to  State  Facts 40 

Opium    57 

Tincture  of   57,  120 

Oranges   44 

Ordinary    Condimental    Substances    107 

Ordinary  Preservatives  40 

Need  Not  be  Named   • 40 

Original  Package   3,  4,  5,  7,  8,  14,  22,  49,  63,  64,  65,  70,  74,  S3 

Samples  Must  be  From  14 

"Packed  for"   42,  70 

Paraffin  31,  34 

Paster  (See  Supplemental  Label). 

Patent  jMedicines  22,  49 

Peaches  29,  44 

Pennsylvania,  Schallenberger  vs 4 

Pepper    151 

Perfumes    19 

Pharmaceutical  Preparations  19 

Pharmacopoeia    22,  23,  4G,  47,  48,  49,  76,  86 

Physicians'   Perscriptions    7,  19,  22,  50,  122 

In  District  of  Columbia  7,  23,  50 

In   States    22,  50 

In  Territories    7,  23,  50 

Pictorial  Matter   40,  41 

"Pieces" 55 

Place  of  Origin   (See  Locality  of  Origin). 
Place    or    Country    in    Which    Made    or    Produced    (See 
Locality  of  Origin). 

Plasters   19 

Poisonous  Color  or  Fl.^vor  34,  77,  88 

Or  Preservative    29,  77,  89 


Index.  171 

{References  are  to  Pages.) 

Poisonous  Ingredient  28,  77 

Added    28,  77 

Natural    29,  88 

Port 44 

Portion  of  Animal  Unfit  for  Food   3;^,  77 

"Powdered"    27,  88 

Poultry  20 

Preserves    24,  146 

Preservatives — 

Benzoic  Acid   31 

Benzoate  of  Soda  31 

Boric   Acid    30,  31 

Commonly   Used    30,  40 

Effect  of  Rulings  on   30,  32 

Externally    Applied    28,  31,  77,  89 

Formaldehyde    " 31 

In  Exports    9 

Not  Commonly  Used  Must  be  Named 31 

Ordinary    40 

Need  Not  be  Named  40 

Permitted  Under  Meat  Inspection  Law 30 

Poisonous    or    Deleterious    20,  77 

Salt    30,  40 

Saltpeter    30 

Salycilic   Acid    32 

Sodium   Sulphate    32 

Sulphurous   Acid    30 

Sulphate  of  Copper  32 

Sugar    30,  40 

Vinegar    30,  40 

Wood  Smoke   30,  40 

Private  Brand  43 

Proceedings  Under  the  Act  15,  16,  17 

Based  on  Analysis  of  Finished   Product.  ..  .6,  7,  26,  28,  33,  50 
Process  Butter  (See  Renovated  Butter). 
Product  Finished,  Only  Subject  to  Analysis.  ..  .6,  7,  26,  28,  33,  50 

Products  for  Technical  Purposes  123 

Proportions   of   Substances   Required  to   be   Named    (See 
Quantity). 

Proprietary  Foods  25,  61,  62,  79,  86,  95 

Formula    61,  79,  86 

Proprietary   Medicines   19,  22,  41,  49 

"Cure"    41 

Publication   18,  75,  86 

Under  State  Laws  17 

Purpose  of  the  Act  i.  36,  109,  129 

Putrid    Substances    6,  33 

Quantity  or  Proportion  of  Color  or  Preservative 41 

Quantity   or   Proportion   of   Substances   Required   to   be 

Named    50,  51.  98,  119 

How  Stated   50,  51,  98 

Not  to  be  Under  Stated Sr.  96 

Variation   Permitted    5i>  96 

Raw    Material    .5.  7.  32,  77,  90 

Inspection     5.  7.  9° 

Receiving    and    Delivering    Adulterated    or    Misbranded 
Goods    3 


172  Index. 

{References  are  to  Pages.) 

Refilled  Package — 

In  District  of  Columbia  49 

In  States   49 

In  Territories    49 

Refilling  Package  49.  56,  78 

Drugs    49,  78 

Foods    56,  78 

In  District  of  Columbia   49 

In  States    . 49 

In  Territories    49 

Regional    Marks    45 

Regulations  (See  Rules  and  Regulations). 

Remedies    I9 

"Remedy  for"   4i 

Renovated   Butter   2,  5,  6,  39 

Marking    39,  I44 

Retailer — 

In  District  of  Columbia    7.  S6 

In   Territories    7,  56 

Retailer's  Name  42 

Retail  Package  4,  70 

Revised  Statutes,  Sees.  2933  to  2938 10 

Rice    3i 

Roquefort  Type   55 

Rules  and  Regulations — 

Amendment  of 102 

Authority   for    74 

Regulation    i    7,  ^3 

Regulation   2    4,  5,  83 

Regulation   3    13,  84 

Regulation  4    I5,  16,  84 

Regulation   5    I5,  85 

(a)     85 

(b)    8s 

(c)     85 

Regulation   6    18,  86 

(a)    86 

(b)    18.  86 

(c)     18,  86 

Regulation   7    86 

(a)     86 

(b)    86 

Regulation   8    67,  86 

(a)    62,  86 

(b)     62,  87 

Regulation  9    64,  87,  105 

(a)     87 

(b)    87 

(c)     87 

(d)    87 

Regulation    10    87 

(a)     87 

(b)    88 

(c)     88 

Regulation    1 1    9,  25,  88 

Regulation    12    27,  28,  88 

(a)     88 

(b)    27,  88 


Index.  173 

{References  are  to  Pages.) 

Rules  and  Regulations — 
Regulation  12 

(c)     27,  88 

(d)    28,  88 

(e)    28,  88 

Regulation    13    88 

Regulation    14    28,  31 

(a)     89 

(b)    89 

(c)     89 

Regulation    15    89 

(a)     89 

(b)     89,  114 

Regulation  16  5,  6,  7,  90 

(a)     90 

(b)     90 

Regulation    17    90,  116,  117,  120,  123 

(a)  90 

(b)  47,  52,  90 

(c)  56,  91,  116 

(d)  91 

(e)  91 

(f)  91,  106 

(g)  91 

(h)  91 

(i)  8,  53,  91,  107,  108 

Regulation  18  46,  92,  iii,  112 

(a)     92 

(b)     46,  92 

Regulation    19    92 

(a)     92 

(b)     93 

(c)     45,  93 

(d)    54,  93 

Regulation   20    93 

(a)     93 

(b)    93 

(c)     93 

(d)     93,  115 

Regulation  21    93 

(a)    93 

(b)    94 

(c)     60,  94 

(d)    60,  94 

(e)     60,  94 

(f)     58,  60,  61,  IIS,  129 

Regulation  22   94,  1 13 

Regulation   23    94 

Regulation   24    94 

Regulation  25   95,  125 

(a)    95 

(b)    ••         95 

Regulation   26    26,  55,  95 

Regulation   27    95 

(a)    95 

(b)    95 

(c)     96 

Regulation  28  50,  5i,  52,  96,  108,  116,  117,  118 

(a)    51,  52,  96 

(b)    52,  96 


174  Index. 

{References  are  to  Pages.) 

Rules  and  Regulations — 
Regulation  28 

(c)     96 

(d)    96 

(e)     96 

(0      35,  50,  96 

Regulation    29    15,  57,  98,  108 

(a)    98 

.(b)     98 

Regulation  30   51,  98,  120 

Regulation   31    99 

(a)     99 

(b)    99 

(c)     99 

(d)    99 

Regulation  32    99 

(a)     99 

(b)    100 

(c) 100 

(d)    100 

Regulation   33    11,  100,  125 

(a)     100 

(b)     100 

Regulation  34   i  r,  loi 

Regulation  35   11,  loi 

Regulation  36   11,  loi 

Regulation  37   11,  102 

Regulation  38   11,  102 

Regulation  39   9,  102 

Regulation   40    102 

Rye  and  Wheat  Flour   60,  106 

Saccharine  32,  34 

Salt   20,  30,  40,  158 

As   Preservative    30,  40 

Need  Not  be  Named  40 

Saltpeter— 

As   Preservative    30,  40 

Need  Not  be  Named 40 

Salves    19 

Salycilic  Acid 32 

Samples,   Collection  of   • 13,  74,  84 

By  Purchase  Only   13,  84 

From  Unbroken  Packages  Only 14,  84 

In  District  of  Columbia  14 

In   Territories    14 

Of  Finished  Product  Only  6,  7,  26,  28,  50 

Of  Imported  Foods  or  Drugs  9,  10,  13 

Suggestions   Regarding    15 

Sardines    128 

Schallenberger  vs.  Pennsylvania  4 

Sea  Foods  20 

Secretary  of  Agriculture — 

Effect  of  Rulings  of 30 

Functions    30 

Seizure   11,  80 

Only  After  Analysis  or  Examination  of  Sample 11 

Sellers,  Guckenheimer  vs 4 

Selling  Adulterated  or  Misi'.randed  Goods — 

In  District  of  Columbia  73 

In  Territories    73 


Index.  175 

{References  are  to  Pages.) 

Shellac  in  Confectionery   34 

Shipment  or  Delivery  for  Shipment   3 

Single  Can  or  Bottle  4 

Single  Constituent   19,  127 

Skimmed  INIilk   143 

Cheese    145 

Smithfield  Hams   44 

Smelling   Salts    19 

Soap,   Medicinal   19 

Sodium   Sulphate    2~ 

Specimens  (See  Samples). 

Spices   20,  24,  25,  30,  40,  149 

As   Preservatives    40 

Need  Not  be  Named 40 

"Stained"    , 28,  77,  88 

Stamps  (See  Supplemental  Label). 
Standards — 

Drugs    21,  22 

Foods    23,  141 

State  Laws  12,  71,  72 

Statement,  False  or  Misleading 40,  41,  63,  66,  78,  91 

Statement  of  Substances  Required  to  be  Named — 

Form  of  Statement   52 

Names  to  be  Used  52,  53,  120 

Type  to  be  Used  4 gi 

Stating  Quantity  or  Proportion 51,  98 

"Stems"    55,  95 

Stock  Foods    19,  50 

Stock  on  Hand  January  i,  1907  8,  68,  107 

In  District  of  Columbia  8 

In  States  8 

In  Territories    8 

Substance  Mixed   77 

Substances  Required  to  be  Named  78,  96,  118,  120 

Derivatives    97 

Drugs    49-  78,  97 

Foods    57,  78,  96 

Names  to  be  Used  120 

Quantity  or  Proportion  50,  51,  96,  98,  119 

Substances  Used  as  Drugs  or  Foods  and  Also  for  Techni- 
cal Purposes   19,  123 

Substitution   25,  77,  95 

Sugar    20,  30,  40,  41,  147 

As   Preservative    40 

Need  Not  be  Named 40 

Sulphate  of  Copper  32 

Supplemental  Label   8,  53,  91,  107 

Sulphurous  Acid  30,  114 

Syrup   8,  10,  30.  41,  148 

Picture  on  Package  41 

Talc    19.  34.  77,  MQ 

Talc   Powder   19 

Tea    10,  20,  155 

Color  of    II 

In  Original  Package  11 

Repacked  11 

Tea,  Coffee  and  Cocoa I5S 

Terra  Alba    34-  77,  I49 


176 


Index. 

{References  are  to  Pages.) 


Territories — 

Application  of  Act  in  2 

Collection  of  Samples  in  14 

Dairy  or  Food  Products  Introduced  Into 39 

Includes  Insular  Possessions 2,  82 

Inspection  of  Material  in   7 

Manufacture  of  Foods  and  Drugs  in 2,  7,  y^ 

Physicians'    Prescriptions    7,  23,  50 

Refilling  Packages    in    49,  56 

Selling  or  Offering  for  Sale  in   7 

Stock  on  Hand  in  8 

Toilet   Preparations    19 

Tokay    44,  45 

Style   45 

Tooth  Powder  19 

Trade   Description    24,  27 y  48 

Trademark    38,  39,  42,  48,  54 

Act    36 

Counterfeiting  of    39,   42 

"Trimmings"  55 

Turpentine    19,  123 

Uniform  State  Laws   12 

Unintentional   Misbranding    39 

Vanilla    54,  113,  i53 

Vaseline — 

May  be  Used  in  Confectionery 34 

Vegetable  Colors  and  Flavors    34 

Vegetables  and  Vegetable  Products  145 

Vermont  Maple  Syrup 44 

Veterinary  Medicines    19,  5o 

Vinegar 24,  30,  40,  157 

As  Preservative  30,  40 

Need  Not  be  Named  40 

Waste    Material    55,  95 

Water,   Drinking   20 

Mineral    20 

Weight  or  Measure   37>  57,  78,  98 

Permitted  Variation 98 

Whiskey    26,  44,  54.  61.  62.  no,  129 

Blended   61,  62,  no,  129 

Compound    61,  129 

Imitation     61,  129 

Wholesaler 3-  63 

Guaranty  by  64,  80,  87 

Name    42 

Wholesale  Package   4 

Wholesome  Food  Not  Prohibited   26 

Wholesomeness  of  Colors  and  Preservatives 29,  89 

Wines    20,  129 

Wood  Alcohol    51 

Wood  Smoke — 

As   Preservative   30,  40 

Need  Not  be  Named 40 


UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 

' Illllll  IP      Ml      11  - 


A  A      000    76  837    3 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 

This  book  is  Dl'E  on  the  last  date  stamped  below. 


NOV  2  3  iy/4 


JAN  2  9  1976 


P'orm  L9-Series4939 


